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Renaissance Of USDOL Opinion Letters Is An Encouraging Development

I have often blogged about the usefulness of USDOL (or any DOL) Opinion Letters and I have lamented that this procedure was stopped under President Obama. I hailed that the new Secretary of Labor was going back to it. Well,...more

New Intern Test Announced By USDOL: Definitive Guidance?

I have blogged many times about the rash of intern cases that have popped up over the last few years. Now maybe there will be a consistent, uniform test for determining whether interns are really statutory “employees.” The US...more

Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours

I have blogged about and have long been concerned about working time issues and what constitutes compensable work hours. One of the thorniest of these issues is on-call time and when, if at all, on-call hours become working...more

Ninth Circuit Finds Beauty School Students Were Not Employees

There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about these kinds of cases and have...more

Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!

There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New Jersey federal case sheds more...more

The FLSA And Arbitration

I read an interesting post by Daniel Schwartz in the Connecticut Employment Law Blog. It concerned a recent Second Circuit decision that bodes well for employers in the never-ending fight against wage-hour class actions. The...more

Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation

A class of equipment operators and trainees has asked a federal court to approve a $1.35 million settlement of their FLSA class action lawsuit alleging the Company did not fairly pay them their wages and used a gimmick to...more

Case Interpreting FLSA Highly Compensated Exemption Takes Interesting Slant

There has not been much litigation over the HCE, the so-called Highly Compensated Employee exemption under the FLSA. Recently, an interesting case explored the issue of whether commission payments can form the entirety of the...more

A Lesson For Employers – Take The Easy Way Out: No Jurisdiction In FLSA Lawsuit

I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy. However, there are times when you catch lightning in a bottle, i.e. the...more

Save Local Business Act Passes House: Legislative Narrowing Of A Judicial Doctrine

I recently blogged about this possibility and now it has come to fruition. The House of Representatives has passed a proposal to walk back the Obama USDOL initiative to expand the doctrine of joint employer status/liability...more

11/17/2017  /  DOL , FLSA , Joint Employers , NLRA , NLRB , Wage and Hour

The Beat Goes On For The New USDOL Overtime Rule

I remember with fondness the Sonny & Cher song, “The Beat Goes On.” That song could be easily applied to the saga of the USDOL overtime rule, which continues. Although the proposed rule has been shot down by the Fifth...more

Third Circuit Rest Break Case Has Different Slant

It is well-established that short rest breaks, so-called coffee breaks, are compensable under the Fair Labor Standards Act. In a variation on this age-old theme, in a unique set of circumstances, the Third Circuit has...more

Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions

In every FLSA class action I have defended (as well as every demand letter I have seen on this subject) the plaintiff’s lawyer always alleges that the violations were “willful.” It does not matter what the facts are. No, they...more

Independent Contractor Status And The ABC Test

I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce the law very strictly and...more

More Law Firms Hit With FLSA Misclassification Claims: A Cautionary Tale

I have written a number of times about law firms that have been sued in FLSA actions. Another example. Employees have sued two Florida personal injury law firms, alleging that they were misclassified and not properly paid...more

Bank Files Cert Petition To US Supreme Court On Administrative Exemption: The Neverendng Story

There have been so many cases involving employees in the financial services industries and their exempt status or lack thereof. In another variation on this theme, Provident Savings Bank is seeking review by the US Supreme...more

Beauty School Students Are “Dropouts” From The FLSA According To Seventh Circuit

In the movie “Grease,” there is a song entitled “Beauty School Dropout,” sung by Frankie Avalon. Well, in a legal version of that number, the Seventh Circuit has affirmed that beauty school students have, sort of, dropped out...more

Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)

I have blogged (somewhat incessantly, I admit) about manager FLSA class actions and what the line(s) of defense are for the employer in these cases, and how to defeat these cases. Another case in point. A federal judge has...more

Obama-Proposed DOL Overtime Rule Invalidated: Back To Square One

Well, it finally happened. A Texas federal judge struck down the Obama Administration’s proposed changes to the FLSA overtime regulations, which would have made millions of more people eligible for overtime. The Court’s...more

Seventh Circuit Affirms Dismissal Of Chicago Police Off-The-Clock Blackberry Case

I have blogged on this long, protracted saga many times and I am glad to see that with each posting, the judicial result does not change. The Seventh Circuit has now affirmed a lower court’s ruling that determined that...more

Another USDOL Audit Of Gas Stations Yields Big Dollars For Employees

There have been many investigations of gas stations by the US Department of Labor. Like other retail industries, these businesses sometimes work their employees long hours for a set salary or lump sum of money. The problem is...more

House Republicans Introduce Joint Employer Legislation To Overturn Browning-Ferris

The joint employer possibility is a dangerous one for employers, as two related (or semi-related) entities may be held liable for overtime monies if the hours worked by employees at the two (or more) entities exceed 40. Now,...more

USDOL Information Request Indicates The Direction It Wants The New OT Exemption Rules To Go

I have blogged often on these new OT regulations and now it seems the game is continuing, with opposition (not unexpected) from the current administration. The USDOL has released its request for information (RFI) on the...more

Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer 

No industry is immune to FLSA collective actions and the energy industry is seeing a significant uptick in these actions. In this regard, a class of workers employed by an oil field services company has just agreed to a $2.1...more

Need for Individual Scrutiny Kills FLSA Collective Action – That’s The Cure For This Disease

I have blogged on this topic many times but I never tire of it. What is the way to defeat a class action? The magic bullet? The answer? Too much individual scrutiny is needed! Another Judge has proven me right on this. A...more

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