Labor and Employment Law

Recent Posts

More Challenges From Hurricane Sandy: Wage-Hour Issues And Related Matters
Posted on 2 Nov 2012 by Fisher & Phillips LLP

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... Read More

Compensable Working Time : FLSA :: Disability : Pre-2009 ADA
Posted on 15 Oct 2015 by Jon Hyman

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... Read More

Will Home Care Workers Finally Get FLSA Protection?
Posted on 17 Aug 2012 by Abbey Spanier

Under the current version of the Fair Labor Standards Act (the "FLSA"), workers that provide companionship services, including home health care workers, are exempt from wage and overtime compensation requirements (the "companionship exemption"... Read More

Is Anyone Still Using Unpaid Interns?
Posted on 15 Sep 2015 by Jon Hyman

I’ve cautioning about the use of unpaid interns almost as long as this blog has been a blog ( here , here , and here , for example). Last week, the 11th Circuit, in Schumann v. Collier Anesthesia [pdf] , became the third federal appellate court... Read More

FLSA Section 13(a) Exemptions Comment Period Will Not Be Extended
Posted on 3 Sep 2015 by Fisher & Phillips LLP

by John E. Thompson There will be no extension of the original 60-day period for commenting on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. U.S. Wage and... Read More

Are Paralegals Entitled to Overtime Under the FLSA? Probably.
Posted on 27 Oct 2015 by Eric Meyer

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... Read More

Three Minor Leaguers Claim Major League Baseball Violated the Fair Labor Standards Act
Posted on 14 Feb 2014 by Eric Meyer

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... Read More

Will The President's Immigration Initiative Spur FLSA Claims?
Posted on 12 Dec 2014 by Fisher & Phillips LLP

Lurking among the numerous considerations raised by President Obama's "immigration accountability" initiative are the prospects that this action will result in more allegations by or on behalf of the affected individuals that they have not... Read More

Court "Certifies" Gawker Media Interns' Collective Action
Posted on 29 Aug 2014 by Fisher & Phillips LLP

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... Read More

Department of Labor Publishes New FLSA Rules Clarifying Tip Credit Rules and Limiting Use of the Fluctuating Workweek
Posted on 15 Apr 2011 by Williams Mullen

by: David C. Burton & Igor M. Babichenko On April 5, 2011, the Department of Labor ("DOL") published a final rule [1] updating the regulations under the Fair Labor Standards Act ("FLSA"). The final rule, which will take effect... Read More

Volunteer Firefighters are Employees for Purposes of Federal Law, Sixth Circuit Holds
Posted on 21 Aug 2013 by Barran Liebman LLP

Last week, a divided Sixth Circuit panel determined that "volunteer" firefighters who receive $15 per hour are employees for purposes of federal employment laws. Mendel v. City of Gibraltar , __ F3d __, 2013 U.S. App. LEXIS 16922 (6th Cir, Aug... Read More

Work for NO Pay??? Internships the New Entry Level Job
Posted on 18 Oct 2012 by Abbey Spanier

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... Read More

When Will The Exemption Changes Occur?
Posted on 26 Oct 2015 by Fisher & Phillips LLP

by John E. Thompson One of the most-pressing questions for employers at the moment is when the U.S. Labor Department will finalize changes in its definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Some have recently... Read More

Retaliation: 2012 and Beyond
Posted on 27 Jan 2012 by Martha J. Zackin

Retaliation claims are here to stay. According to charge statistics recently released by the EEOC, retaliation claims rose to an all-time high of 37,344 in fiscal year 2011, and were included in 37.4% of all charges filed with the agency. Recent developments... Read More

Are Your Student Workers Paid Properly?
Posted on 1 Nov 2011 by Ballard Spahr LLP

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... Read More