Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th...more
When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more
10/19/2021
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Certification ,
Collective Actions ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Wage and Hour
When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more
Apparently if you are doing the Lord’s work and seek only treasures in heaven, the Fair Labor Standards Act will not guarantee that you receive an earthly reward as well. In a significant ruling that impacts religious...more
4/20/2018
/ Appeals ,
Covered Employer ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Religious Institutions ,
Restaurant Industry ,
Reversal ,
Threshold Requirements ,
Volunteers ,
Wage and Hour
Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and...more
An attorney representing his employer-client calls Immigration and Customs Enforcement (ICE) to inquire about the plaintiff’s immigration status. Is that potentially retaliation under the employment laws? If it is, can the...more
Are you entitled to FLSA coverage if you are doing the Lord’s work? In March 2017, a federal district court in Ohio answered “yes” and awarded almost $400,000 to unpaid employees/volunteers of a church restaurant....more
Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more
11/22/2016
/ Affordable Care Act ,
Arbitration ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
DACA ,
Department of Labor (DOL) ,
E-Verify ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
Federal Contractors ,
Federal Vacancies Reform Act ,
Form I-9 ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Hiring & Firing ,
Immigrants ,
Immigration Reform ,
Joint Employers ,
Judicial Appointments ,
Labor Law Violations ,
LGBTQ ,
Marriage Equality ,
NLRA ,
NLRB ,
Obama Administration ,
OSHA ,
Parental Leave ,
Persuader Rules ,
Protected Class ,
Restroom Legislation ,
Right of First Refusal ,
Same-Sex Marriage ,
Sexual Orientation ,
Sick Leave ,
Transgender ,
Trump Administration ,
Unions ,
USCIS
In the eyes of at least one Federal court, loan underwriting is not mechanical; it requires discretion and independent judgment. That point was a key factor in the Sixth Circuit Court of Appeals’ recent affirmance in Lutz v....more
The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently...more
3/17/2015
/ Administrative Exemption ,
Administrative Procedure Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Mortgage Loan Officer ,
Notice and Comment ,
Paralyzed Veterans Doctrine ,
Perez v Mortage Bankers Assoc ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour