Wages, FLSA | JD Supra Law News

Employee Tip Pools: Dive In With Caution

by Adam Santucci | McNees Wallace & Nurick LLC on 5/9/2013

For those employers who employ “tipped employees,” i.e., employees who generally receive $30 or more per week in tips, a tip pooling arrangement may have some appeal. After all, such arrangements allow for an equitable...more

Liquor Law Update -- May 2013

by Barbara Darkes, Brian Gregg, Adam Santucci | McNees Wallace & Nurick LLC on 5/8/2013

In This Issue: Employee Tip Pools: Dive In With Caution; Ahhh…Spring; and The Ska/Duclaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer Excerpt from Employee Tip Pools: Dive In With...more

Quick Quiz: Day-Rate Pay Plans

by John E. Thompson | Fisher & Phillips LLP on 5/8/2013

The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each...more

Different Jurisdictions for Different Wage Payment Claims in Tennessee Now

by Miller & Martin PLLC on 5/3/2013

(1) Employers must notify employees of their rate of pay either prior to or as of when the employee begins work for them... ...more

Supreme Court Provides Employers An Additional Tool To Limit FLSA Collective Action Allegations

by Robert Hingula | Polsinelli on 4/22/2013

On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more

Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action

by Jodi M. Frankel, Adam Long | McNees Wallace & Nurick LLC on 4/22/2013

In 2011, the Third Circuit held that a pre-certification offer of judgment made by a defendant-employer to an individual plaintiff would not require dismissal of the plaintiff's entire FLSA collective action, even if the...more

DOL Reports Widespread Wage And Hour Violations At Tampa Area Restaurants

by Scott T. Silverman | Akerman Senterfitt on 4/1/2013

Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office....more

Second Circuit Rules “Gap Time” Claims Impermissible Under FLSA, Even Where An Employee Worked Overtime

by Michael Ray | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

The Second Circuit Court of Appeals recently addressed “gap time” claims brought by a purported class under the Fair Labor Standards Act (FLSA). Lundy, et al. v. Catholic Health Systems of Long Island, Inc., No. 12-1453...more

Employers: There are some exemptions to the overtime requirement

by Ann Bowden-Hollis | Butler, Snow, O'Mara, Stevens and Cannada,... on 3/13/2013

Originally published in The Journal of South Mississippi Business - March 2013. One of the often misunderstood rules about overtime pay requirements involves which employees can be classified as exempt from payment for...more

Second Circuit Decision

by Joshua Alloy | Proskauer - Class & Collective Actions on 3/12/2013

In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of...more

Second Circuit Rejects FLSA Gap Time Claims and Explores FLSA Pleading Requirements

by Bradley Strawn | Littler on 3/11/2013

In Lundy v. Catholic Health System of Long Island, Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals recently held for the first time that the Fair Labor Standards Act (FLSA) does not...more

Primer on West Virginia State Law Labor and Employment Claims

by Peter Rich | Spilman Thomas & Battle, PLLC on 3/1/2013

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

Under FLSA Section 203(o) Does the Term "Changing Clothes" Include the Time a Manufacturing Employee Spends Putting On and Taking...

by Louis Santiago | Holland & Knight LLP on 2/27/2013

For minimum wage and over-time purposes, Section 203(o) of the Fair Labor Standards Act (FLSA) states that "hours worked" does not include time spent "changing clothes" if that time is excluded from working time by the...more

As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL [Video]

by LXBN on 2/26/2013

It’s one of those cases quick to generate a smirk as individuals quickly glance the basic facts: yes, the Supreme Court will indeed rule on the definition of “clothes” in Sandifer v. U.S. Steel. But the bigger issue here is...more

Supreme Court To Resolve What Counts As 'Clothes' Under FLSA

by Michael Cardman | XpertHR - Partnered with LexisNexis on 2/20/2013

May an employer avoid paying a unionized employee for time spent putting on and taking off certain protective gear, such as safety glasses and ear plugs? What about ordinary clothing with special safety features, such as...more

Seventh Circuit Holds That Individualized Damages Preclude Certification

by Mark Batten | Proskauer - Class & Collective Actions on 2/7/2013

On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification...more

Equal Pay Still A Hot Issue: Fair Pay Act Reintroduced In Congress

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/31/2013

In a year in which equal pay looks to be hot issue, the Fair Pay Act (S. 168, H.R. 438) was reintroduced in Congress in both the House and the Senate by Rep. Eleanor Holmes Norton (D-DC) and Senator Tom Harkin (D-IA)...more

Paycheck Fairness Act Reintroduced In Congress

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/28/2013

Following an election campaign season in which "binders of women" and equal pay were points of contention, and an inaugural address in which President Barack Obama told Americans that "our journey is not complete until our...more

Quick Quiz Answer: Recovering Loans Or Advances

by Edward Boehm | Fisher & Phillips LLP on 1/18/2013

The best answer to our January 9 Quick Quiz is, "$200". In declining percentage order, the responses were...more

Mandatory Park-And-Ride Program Was Not Compensable Under The FLSA, 5th Circuit Rules

by Michael Cardman | XpertHR - Partnered with LexisNexis on 1/14/2013

Requiring nonexempt employees to come to a work site by certain means - such as taking a bus from a remote parking lot to a manufacturing plant - does not necessarily mean they must be paid for the time spent in transit, a...more

Florida's Minimum Wage Increased for 2013

by Kelly Kolb | Fowler White Boggs P.A. on 1/6/2013

Florida is one of only 10 states which ties its minimum wage rate to the annual rate of inflation as reflected in the federal Consumer Price Index (CPI). Thus, every year the Florida Department of Economic Opportunity must...more

No Overtime Pay Liability When Employee Fails to Report Exact Time Worked

by Theodore A. Olsen | Sherman & Howard L.L.C. on 1/5/2013

A recent decision from the Tenth Circuit Court of Appeals instructs employers how they may avoid Fair Labor Standards Act overtime pay liability for overtime hours that are undeniably worked by an employee, when the employee...more

Overtime Work Is Not A By-The-Job Matter

by John E. Thompson | Fisher & Phillips LLP on 1/2/2013

Recent reports have described more than one scenario in which an employer violated the federal Fair Labor Standards Act because the employer failed to recognize that non-exempt employees' hours worked over 40 were overtime...more

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

by Rebecca R. Hirschklau, Eric Raphan | Sheppard Mullin Richter & Hampton LLP on 12/12/2012

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/1/2012

Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York...more

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Wages › FLSA

Employee Tip Pools: Dive In With Caution

Liquor Law Update -- May 2013

Quick Quiz: Day-Rate Pay Plans

Different Jurisdictions for Different Wage Payment Claims in Tennessee Now

Supreme Court Provides Employers An Additional Tool To Limit FLSA Collective Action Allegations

Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action

DOL Reports Widespread Wage And Hour Violations At Tampa Area Restaurants

Second Circuit Rules “Gap Time” Claims Impermissible Under FLSA, Even Where An Employee Worked Overtime

Employers: There are some exemptions to the overtime requirement

Second Circuit Decision

Second Circuit Rejects FLSA Gap Time Claims and Explores FLSA Pleading Requirements

Primer on West Virginia State Law Labor and Employment Claims

Under FLSA Section 203(o) Does the Term "Changing Clothes" Include the Time a Manufacturing Employee Spends Putting On and Taking...

As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL [Video]

Supreme Court To Resolve What Counts As 'Clothes' Under FLSA

Seventh Circuit Holds That Individualized Damages Preclude Certification

Equal Pay Still A Hot Issue: Fair Pay Act Reintroduced In Congress

Paycheck Fairness Act Reintroduced In Congress

Quick Quiz Answer: Recovering Loans Or Advances

Mandatory Park-And-Ride Program Was Not Compensable Under The FLSA, 5th Circuit Rules

Florida's Minimum Wage Increased for 2013

No Overtime Pay Liability When Employee Fails to Report Exact Time Worked

Overtime Work Is Not A By-The-Job Matter

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL [Video]

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