LexisNexis® Legal Newsroom
Are Your Student Workers Paid Properly?

Hofstra Settles FLSA Case by Daniel V. Johns and Kelly T. Kindig A recent wage and hour settlement between Hofstra University and 256 student workers highlights the pitfalls faced by a college or university employing students. Last week, a federal judge in New York approved a settlement...

Off-Clock Work: "Flintstone" Laws in a "Buck Rogers" World

It seems like such an insignificant little case, but it's really a can of exploding snakes . An Illinois woman who was terminated after she was caught working during her lunch period has won her claim for unemployment. (The employer said that she was not terminated for working but for her...

More Challenges From Hurricane Sandy: Wage-Hour Issues And Related Matters

by John E. Thompson In thinking-through and implementing their recovery plans in the wake of Hurricane Sandy, employers will want to review our August post summarizing a number of federal Fair Labor Standards Act issues that typically arise following a natural disaster. Readers will recall our...

Three Minor Leaguers Claim Major League Baseball Violated the Fair Labor Standards Act

When you think of minor league baseball, you may draw on movies like Bull Durham or The Rookie ; long bus trips from stadium to stadium where teams play in front of small crowds for small pay. Well, apparently, the pay may be small enough to trigger a violation of the Fair Labor Standards Act As...

What Is It Exactly That President Obama Wants to Do to the FLSA?

So, by now, you've likely read the news, first reported on Wednesday night by The New York Times reporters Michael Shear and Steven Greenhouse that "Obama Will Seek Broad Expansion of Overtime Pay" . Messrs. Shear and Greenhouse indicated that, yesterday, President Barack Obama was to...

LinkedIn’s $6M FLSA Settlement Provides A Good Lesson To Employers

LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor investigation, reports the DOL . The employees, reports Business Insider , are commissioned inside salespeople. Typically, inside salespeople are not exempt under...

Court "Certifies" Gawker Media Interns' Collective Action

by John E. Thompson After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential plaintiffs of the lawsuit and of the opportunity to...

Reminder: New York Interns Are Now Protected Under Both the State and City Human Rights Laws

by Lisa Lewis , Jonathan Sokolowski and Andrew Smith* Following New York City Mayor Bill De Blasio’s endorsement of an amendment to the New York City Human Rights Law (“NYCHRL”) extending the statute’s anti-discrimination and harassment protections to interns earlier this year...

Unpaid Interns and the Fair Labor Standards Act

by Joseph U. Leonoro With the arrival of summer, many companies are hiring college and high school students to work as interns during summer break. Often, employers do not pay interns at all, or only pay them a stipend or other amount which is lower than the minimum wage. From an employer’s...

Must You Pay Employees Who “Volunteer” to Use Social Media For the Company?

Work-related blogging is compensable time. Yesterday, I read the District of Hawaii opinion in Tagupa v. VIPdesk, Inc. . Tagupa worked for VIPdesk, a national concierge network, as part of its remote concierge team [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance...

Another Court Adopts "Primary Beneficiary" Internship Analysis

We reported in July that the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) laid out seven non-exhaustive factors as part of a "primary beneficiary" analysis for evaluating whether unpaid interns are "employees" for purposes of the...

Compensable Working Time : FLSA :: Disability : Pre-2009 ADA

Think back to when you took your SATs, many years ago—number-2 pencils, plastic school chairs and laminate-topped desks, florescent lights, nervous sweat, and, the bane of many a high-schooler, the analogies that comprise so much of the SAT’s verbal section. Remember “dog : bark ::...

Are Paralegals Entitled to Overtime Under the FLSA? Probably.

Last Friday, I had the honor and privilege of presenting at the Philadelphia Association of Paralegals’ Education Conference . The class was essentially a primer on the basics of employment law, during which I emphasized both the types of claims on which paralegals may assist clients, and the employment...