What About the Volunteers?

It seems like these days we hear all about interns – are they properly classified? Do we have to pay them? But what about volunteers ? If a company or nonprofit has volunteers, it MUST evaluate whether it is properly classifying them (i.e., whether they should be paying them). Ok, so where...

Employer Without Notice of Off-the-Clock Work Not Liable for Unpaid Wages

This week a California court issued a favorable decision for the employer in an off-the-clock case, holding that the employer was not liable to the plaintiff for work the plaintiff performed off-the-clock because there was no evidence that the employer knew about the off-the-clock work. While this is...

Auto-Deduct Meal-Break Policies Live to See Another Day

The number of FLSA lawsuits filed each year continues to rise. See The Wage & Hour Litigation Epidemic Continues , at Seyfarth Shaw’s Wage & Hour Litigation Blog . Often, the lawsuits follow certain trends, targeting a particular industry, job type, or claim. One such trend, which I’ve...

State Net Capitol Journal: Minimum Wage Just One Issue Washington Has Left to the States

by Lou Cannon More than four years ago Congress passed President Obama's health care proposal, the Affordable Care Act, on party lines. Whether one favors it or not, Obamacare is a momentous measure. But as far as other major legislation is concerned, Washington has rarely been heard from since...

A Reminder About Comp Time

It’s summer and that means it’s time for summer vacations. Some employers are unaware of the law regarding when an employee may be paid “comp time” instead of wages. So here’s a brief recap of what you should know. Rule #1 Absent an exemption (see below), all employees...

USDOL Brief Elaborates Upon "Intern" Views

by John E. Thompson We wrote some time ago about a lower federal court's determination in Glatt v. Fox Searchlight Pictures that at least two unpaid interns were "employees" for federal Fair Labor Standards Act purposes. This ruling is now being reviewed by the Second Circuit U.S...

California Supreme Court Narrows Commissioned Salesperson Exemption

Last week the California Supreme Court continued its trend of issuing employee-friendly decisions, this time in a case involving the commissioned salesperson exemption. In Peabody v. Time Warner Cable , the plaintiff was a commissioned salesperson who sold advertising spots for Time Warner Cable [ an...

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...

Employment-Related Bills Pending Signature By California Governor

The California Legislature has passed the following notable labor and employment bills, which are now awaiting approval or veto by Governor Brown: AB 1897 – This bill would expand liability for a contractor’s wage and hour violations to make the hirer of the contractor jointly liable for...

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...

New California Law Makes Companies Liable for Wage Violations of Contractors

Yesterday, California’s Governor signed AB 1897 into law, notwithstanding tremendous opposition from business and trade groups. Under AB 1897, which takes effect January 1, 2015, a client employer will share civil legal responsibility and civil liability for all workers supplied by a labor contractor...

Wage Deductions in West Virginia

by Joseph U. Leonoro Most West Virginia employers must comply with two wage and hour laws: the federal Fair Labor Standards Act (“FLSA”) and the West Virginia Wage Payment and Collection Act (“WPCA”). Both laws restrict the ability of employers to make deductions from employees’...

Supreme Court Hears Arguments on Pay During Mandated Searches

WASHINGTON, D.C. — (Mealey’s) Passing through security following a shift “is a classic postliminary activity that is non-compensable under the Portal-to-Portal Act,” Paul D. Clement of Bancroft in Washington, the attorney representing Integrity Staffing Solutions Inc. (ISS), told...

Are Post-Work Security Checks Compensable? #SCOTUS and Integrity Staffing Solutions v. Busk

Yesterday, the Supreme Court heard oral argument in its first employment law case of this term, Integrity Staffing Solutions v. Busk . To wage-and-hour geeks (like me), this case presents an interesting issue under the Fair Labor Standards Act: whether the FLSA entitles hourly employees to be paid...

Mayor Signs Executive Order Raising New York City Living Wage

On September 30, 2014, New York City Mayor Bill de Blasio signed an executive order, Executive Order No. 7 (the “Executive Order”) , requiring companies or individuals who receive, from the City of New York or from a City economic development entity, financial assistance of one million dollars...

An App to Stop Employees Like #AlexFromTarget From Checking Work Email

Today's post is brought to you by the letters S, E, and O. With a tip of the hat to whomever posted a link to this story on Twitter, it got me reading about this app that companies can install on employees' smartphones and tablets that would preclude them from accessing work-related email...

6th Circuit Rules in Favor of Nonprofit on Discrimination Claim Brought by Volunteers

In Bryson v. Middlefield Volunteer Fire Dep’t , the 6th Circuit held that a “volunteer” can qualify as an employee covered by Title VII under certain limited circumstances. In making that determination, a court must examine not only whether the volunteer is paid, but also the degree...

Stopping Wage Theft Easier Said Than Done

by Rich Ehisen When Dana's boss first told her he wanted her to call the staff of their newly-minted medical office in a small California town together for an afternoon meeting, she was in no way prepared for the reason he gave her: that from then on he would not be paying any of them for working...

U.S. Supreme Court Holds Security Screening Time Is Not Compensable

WASHINGTON, D.C. — (Mealey’s) The time warehouse workers spend waiting to undergo and actually undergoing security screenings is not compensable under the Fair Labor Standards Act (FLSA), a unanimous U.S. Supreme Court ruled this morning ( Integrity Staffing Solutions, Inc. v. Busk, et al...

Supreme Court Unanimously Rules That Security Screening Time Is Not Compensable

Today the U.S. Supreme Court issued its decision in Busk v. Integrity Staffing Solutions, Inc. , unanimously holding that time warehouse employees spent waiting to go through security checks and undergoing those checks at the end of their shift was not compensable time. The decision overrules a contrary...

#SCOTUS Unanimously Holds That Post-Work Security Checks Are Unpaid

Integrity Staffing Solutions v. Busk asks the question of whether the FLSA entitles hourly employees to be paid for post-shift time spent undergoing mandatory security screenings. The case was brought by two employees of a warehousing company with employee theft issues. To combat the problem, the company...

This Is Real Law: True Crime: Examining the Scourge of Wage Theft in America

Scott Greenfield’s popular legal blog Simple Justice is published with a disclaimer. Alongside articles that comment on current issues related to criminal defense, the New York City-based attorney, counsellor at law and esteemed legal analyst declares : “Nothing in this blog constitutes legal...

PA Supreme Court Affirms Nine-Figure Judgment Against Wal-Mart

On Monday, the Pennsylvania Supreme Court issued its long-awaited opinion in Braun v. Wal-Mart [ an enhanced version of this opinion is available to lexis.com subscribers ]. A jury trial ended with a $188 million verdict in favor of a class of 188,000 Wal-Mart employees. [The employees] asserted that...