This is a story about grammar (specifically, the “serial comma”) and the overtime law of the State of Maine. The U.S. First Circuit Court of Appeals recently decided whether certain fresh food delivery drivers are entitled to...more
A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more
9/8/2015
/ Bargaining Power ,
Confidential Information ,
Dismissal With Prejudice ,
Employee Rights ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Low-Wage Workers ,
Rule 41 ,
SCOTUS ,
Settlement Agreements ,
Wage and Hour
When I talk to businesspeople about the legal differences between employees and independent contractors, I often offer the electrician who comes to the office to fix a wiring problem as the paradigmatic independent...more
8/24/2015
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Popular ,
Uber ,
Wage and Hour
I’ll bet you assume that the hard-working driver who delivers your packages and letters shipped by Federal Express is a FedEx employee. After all, he or she wears a FedEx uniform, drives a FedEx truck, uses a FedEx handheld...more
President Obama announced this week that he is directing the Secretary of Labor to “modernize and streamline” existing overtime regulations under the Fair Labor Standards Act. He characterized the current regulations as...more