U.S. Supreme Court Agrees to Hear Donning, Doffing Suit

WASHINGTON, D.C.-(Mealey's) The U.S. Supreme Court on Feb. 19 agreed to hear the appeal of a class lawsuit over what constitutes "changing clothes" under Section 203(o) of the Fair Labor Standards Act ( Clifton Sandifer, et al. v. United States Steel Corporation , No. 12-417, U.S. Sup...

Supreme Court to Determine What "Clothes" Are under the FLSA

With a title like that, this post could only arouse the interest of an employment lawyer. But, all of y'all should pay attention. Under the Fair Labor Standards Act , the period of time during which a covered employee must be paid begins when the worker engages in a principal activity. Putting...

Are Journalists Exempt From Overtime?

A $660,000 settlement for reporters recently caused both celebration and ire in the journalism community. The celebration was for a victory on behalf of hard-working reporters everywhere. Many reporters work deadly hours for little pay. This decision provides them with some relief, requiring newspapers...

Lareau on Sandifer v. United States Steel Corp.: Supreme Court to Review "Donning/Doffing" Issue

The Supreme Court granted the petition for certiorari but limited the Court's review to the donning/doffing issue in Sandifer v. United States Steel Corp. This Emerging Issue Analysis explains the Seventh Circuit decision and comments on the Court's decision to review. Excerpt: Introduction...

Department of Labor Determines Upper Crust Pizza Owes Employees $850,000 in Unpaid Wages and Overtime

A federal investigation has determined that Upper Crust, a bankrupt gourmet pizza chain, owes former employees about $850,000 in back wages and damages. In 2009, the Department of Labor investigated Upper Crust's refusal to pay its workers overtime and ordered the company to pay $350,000 in unpaid...

Over the Next Three Years, New York Raises the Minimum Wage to $9.00 Per Hour

On March 29, 2013, New York Governor Andrew Cuomo signed into law a state budget for the 2013-2014 fiscal year, N.Y. State Senate Bill S02607D , N.Y. State Assembly Bill No. A03007D ("the Act"). The Act includes a provision, Part P, which, over a period of three years, raises New York State's...

House Passes Comp Time Law

On May 8, 2013, the U.S. House of Representatives passed the Working Families Flexibility Act of 2013 (H.R. 1406), a law that would amend the Fair Labor Standards Act of 1938 to give employees the opportunity to accrue paid time off or "comp time" for working overtime hours in lieu of receiving...

California Court Ruling Provides Reminder That Exempt Employees Must Be Paid on a “Salary Basis”

There has been a lot of litigation in California concerning the exempt status of various categories of employees, with plaintiffs' attorneys filing class action after class action seeking to recover four plus years of overtime compensation stemming from employers allegedly misclassifying employees...

Payroll Cards – The Inquiry Broadens

by Patricia A. Smith, Jeremy T. Rosenblum, and Scott M. Himes As we reported in our July 11 legal alert , New York Attorney General Eric Schneiderman has commenced an investigation into the widening practice of employers paying hourly employees through the use of prepaid payroll cards. The Attorney...

CFPB Warns Employers on Required Use of Payroll Cards

CFPB Warns Employers on Required Use of Payroll Cards by the Consumer Financial Services and Labor and Employment Groups The Consumer Financial Protection Bureau has issued a bulletin warning employers that they cannot require employees to receive their wages on payroll cards. The bulletin appears...