Amid the uncertainty concerning the DOL’s enjoined overtime exemption rules and similar state-led efforts to increase the salary threshold, such as in New York, the Second Circuit recently gave employers an early holiday...more
Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were...more
As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or...more
10/25/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Proposed Legislation ,
Uniforms ,
Wage and Hour ,
Wage Orders ,
White-Collar Exemptions
As we all know, wage and hour litigation continues to soar to record highs. We expect 2016 will be another record year and that the revisions to the white collar exemptions effective December 1st will further increase the...more
Plaintiffs’ counsel frequently speak of the “low” burden necessary at first stage for conditional certification under the FLSA. However, a recent decision from the Eastern District of New York highlights that plaintiffs may...more
Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action...more
In a case we previously blogged about here where the Court refused to grant Plaintiffs’ request for equitable tolling on their claims under the Equal Pay Act (“EPA”), Magistrate Judge Michael Dolinger recently issued a...more
In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...more
8/5/2015
/ 42 U.S.C. §1983 ,
Amended Complaints ,
Collective Bargaining ,
Disparate Impact ,
Equal Protection ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Leave to Amend ,
Motion to Dismiss ,
Pleadings ,
Public Housing Authorities ,
Race Discrimination ,
Subject Matter Jurisdiction ,
Summary Judgment ,
Wage and Hour
Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more
With Wimbledon in full swing, and the U.S. Open just a few weeks away, the Second Circuit awarded game, set and match to the U.S. Tennis Association in a challenge to the independent contractor status of the tournament’s...more
As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees...more