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

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

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

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

LinkedIn’s $6M FLSA Settlement Provides A Good Lesson To Employers
Posted on 5 Aug 2014 by Doug Esten

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.... Read More

Another Court Adopts "Primary Beneficiary" Internship Analysis
Posted on 25 Sep 2015 by Fisher & Phillips LLP

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... Read More

Unpaid Interns and the Fair Labor Standards Act
Posted on 25 Jun 2015 by Steptoe & Johnson PLLC

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... Read More

Must You Pay Employees Who “Volunteer” to Use Social Media For the Company?
Posted on 1 Sep 2015 by Eric Meyer

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... Read More

What Is It Exactly That President Obama Wants to Do to the FLSA?
Posted on 14 Mar 2014 by Eric Meyer

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... Read More

LinkedIn’s $6M FLSA Settlement Provides A Good Lesson To Employers
Posted on 5 Aug 2014 by Jon Hyman

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.... Read More

Reminder: New York Interns Are Now Protected Under Both the State and City Human Rights Laws
Posted on 16 Sep 2014 by Sheppard Mullin

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... Read More

Off-Clock Work: "Flintstone" Laws in a "Buck Rogers" World
Posted on 20 Jan 2012 by Robin Shea

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... Read More