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Second Circuit Panel Adopts Seemingly Heightened Pleading Standard for Willfulness in FLSA Overtime Cases

Executive Summary: On April 27, 2021, a sharply divided panel of the U.S. Court of Appeals for the Second Circuit, covering New York, Vermont, and Connecticut, held that in Fair Labor Standards Act Overtime cases (FLSA), to...more

DOL Proposes New Revisions to Overtime Exemption Rules

The U.S. Department of Labor (DOL) recently issued its proposed overtime regulations to replace the Obama administration’s (enjoined) overtime rule....more

Department of Labor Relaxes Rules for Tipped Employees

The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the “80/20 rule” to tipped employees, and will no longer require employers to pay the full minimum wage for time spent by a tipped...more

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

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