News & Analysis as of

Unpaid Overtime Employee Rights Wage and Hour

Bradley Arant Boult Cummings LLP

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Littler

Littler Global Guide - France - Q2 2018

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Supreme Court Rejects Integration of Commuting Time - Precedential Decision by Judiciary or Regulatory Agency - The French Supreme Court recently dismissed an itinerant worker’s request for overtime based on integrating...more

Miller Starr Regalia

The Case of the Missing $10M Oxford Comma

Miller Starr Regalia on

Vampire Weekend may not “give a f— about an Oxford comma,” but I certainly do. And so, too, does the United States Court of Appeals for the First Circuit, which opened a recent opinion, in a class action lawsuit about...more

Pullman & Comley - Labor, Employment and...

Grammar and Overtime

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

Littler

California Legislative Update

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The end of the first week of June is the deadline for California bills to pass out of their house of origin. The following are significant bills affecting private-sector employers in the Golden State that have advanced to...more

King & Spalding

Overtime Payments Included In Paid Holiday

King & Spalding on

The UK Employment Appeal Tribunal (the “EAT”) has ruled that overtime payments, even if they are not guaranteed, must be included in calculating the rate at which holiday is paid to employees. The decision has significant...more

Fisher Phillips

Federal Court Limits California's Wage-Hour Laws

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Three years ago, the California Supreme Court addressed the scope of California’s overtime regulations contained in the California Labor Code and Wage Orders promulgated by its Industrial Welfare Commission. Sullivan et al v....more

Mintz - Employment, Labor & Benefits...

Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from...

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....more

Fisher Phillips

Late Payment Resulted In An FLSA Violation

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A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

Cooley LLP

California Supreme Court Limits the Use of California's Commissioned Salesperson Exemption

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The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more

Sheppard Mullin Richter & Hampton LLP

New Decision Clarifies Summary Judgment Standards for Off-the-Clock Claims

On May 20, 2014, the First District Court of Appeal in Jong v. Kaiser Foundation Hospitals, issued a decision affirming the summary judgment granted as to one of the individual class representatives in a putative class action...more

Bracewell LLP

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Bracewell LLP on

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

Ervin Cohen & Jessup LLP

Secretary of Labor Directed to Update Federal Overtime Rules

In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more

Mintz - Employment, Labor & Benefits...

Working (More Than) 9-to-5: President Obama Seeks to Expand Overtime Pay Protections Under the Fair Labor Standards Act

Last week, President Obama ordered U.S. Department of Labor Secretary Tom Perez to update the existing federal regulations on overtime, the effect of which could allow millions of workers to qualify for time and half pay for...more

Bond Schoeneck & King PLLC

Labor and Employment: President Obama Directs Department of Labor to Modernize and Streamline FLSA Overtime Regulations

On March 13, 2014, President Obama issued a memorandum directing the Secretary of Labor to update and streamline the Fair Labor Standards Act (FLSA) overtime regulations. In the memorandum, President Obama noted that the...more

Baker Donelson

Employers of Home Care Workers to Begin Paying Overtime in January 2015

Baker Donelson on

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as...more

Cranfill Sumner LLP

President Obama to Order Expansion of Overtime Pay

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President Obama is expected to issue an order today directing the Department of Labor to expand the number of people who qualify for overtime pay under federal labor law. According to reports in the Washington Post and other...more

Buchalter

Ringing in the New Year: A Summary of New California Employment Laws for 2014

Buchalter on

California’s 2012­2013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Fifth Circuit Giveth and Then Taketh Away: Another Perspective on Fluctuating Workweeks in Overtime Cases

In the course of two months, two separate Fifth Circuit panels have issued decisions that call into question the application of the fluctuating workweek (FWW) method in suits for unpaid overtime based on misclassification. In...more

Laner Muchin, Ltd.

Lady Gaga, Former Personal Assistant, Settle Overtime Claims; Case Highlights Risk Of "On Call" Expectations For Non-Exempt...

Laner Muchin, Ltd. on

Last week, a federal court in New York approved an undisclosed settlement between pop singer Lady Gaga and her former personal assistant to resolve the personal assistant’s overtime claims. Although the terms of the...more

Butler Snow LLP

Overtime Exemptions: What Does "On A Salary Basis" Mean?

Butler Snow LLP on

Generally, most employees in the United States must be paid at least the federal minimum wage for all hours worked and overtime at one and one half times the regular hourly rate for all time worked above 40 hours in a seven...more

FordHarrison

Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

FordHarrison on

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor...more

Laner Muchin, Ltd.

Court Rules That Employer's Unpaid Interns Are Actually Employees Covered By Wage And Hour Laws; Certifies Class Action Filed On...

Laner Muchin, Ltd. on

A federal District Court in New York recently ruled that production interns who worked on the set of the movie “Black Swan” are actually employees for minimum wage and overtime purposes, and certified a wage and hour class...more

FordHarrison

Healthcare Industry Legal Alert: The Companionship Exemption For Agency Employed Home Care Workers May End As Early As This Month....

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It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more

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