Informal Conversations with Department of Labor are Insufficient to Avoid Liquidated Damages in Class Action

In McLean v. Garage Management Corp ., Judge Denise Cote of the Southern District of New York reaffirmed the high standards an employer must meet in order to avoid liquidated damages under the Fair Labor Standards Act-holding that lessons learned from a previous government investigation into an employer's...

Paying Tribute to the American Worker

For many, Labor Day represents the beginning of football season or the last long weekend of the summer. However, there's more to Labor Day. It's a celebration of American workers and their contribution to our success as a nation. The first Labor Day was by some credible accounts celebrated...

Kraft’s Overtime Policy Melts Under Pennsylvania State Overtime Law

A district court in the Western District of Pennsylvania recently denied Kraft's motion for summary judgment in a class action alleging the Kraft did not pay its employees proper overtime wages. Judge Bissoon held that payment of overtime under the fluctuating workweek method, at one-half times an...

Unconscionability Defense Preserved by California Court

On February 28, 2012, a California appelate panel refused to enforce an arbitration provision as unconscionable in Mayers v. Volt Management Corp. , _ Cal.App.4th _ (Feb. 2, 2012) . That's big news. It was not obvious that this defense survived the U.S. Supreme Court's ruling in AT&T Mobility...

Work for NO Pay??? Internships the New Entry Level Job

The Fair Labor Standards Act of 1938 (FLSA) was enacted during a period of high unemployment to ensure that employees would receive a "fair day's pay for a fair day's work." See Overnight Transp. Co. v. Missel , 316 U.S. 572, 578 (1942) (quoting "presidential message which initiated...

Help for Those Whose Livelihood Was Destroyed by Hurricane Sandy

Have you lost most of your income because of Hurricane Sandy? If you live or work[1] in those counties in New York, New Jersey, or Connecticut that have been declared disaster areas by President Obama, you may be eligible for federal Disaster Unemployment Assistance (DUA). DUA aids individuals who do...