Earlier this year, I engaged in a debate with plaintiff's attorney (and author of the excellent employee-side blog, Screw You Guys, I'm Going Home ) Donna Ballman over whether discrimination lawsuits are sins of commission or omission. I argued...
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...
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...
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"...
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...
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...
WASHINGTON, D.C. - (Mealey's) The Fair Labor
Standards Act's anti-retaliation provision applies to complaints that are filed
orally and written, the U.S. Supreme Court majority ruled Mar. 22 ( Kevin
Kasten v. Saint-Gobain Performance Plastics...
by Marlene Nicolas , Rachel Tischler and Danielle Thompson*
On Monday, July 6, 2015, in response to a March 2014 executive order signed by President Obama, the Department of Labor (“Department”) published a Notice of Proposed Rulemaking...
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...
by Allen Ides
In Pruell v. Caritas Christi ,
678 F.3d 10, 2012 U.S. App. LEXIS 7859 (1st Cir. Apr. 18, 2012) [ an enhanced version of this opinion is available to lexis.com subscribers ],
the First Circuit ruled that a complaint asserting...
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...
Do you employ outside salespeople (pharmaceutical reps,
for instance)? If so, then you are going to want to pay attention to what will
transpire at the U.S. Supreme Court next year.
Yesterday, the Court agreed to hear Christopher v. SmithKline Beecham...
C. Burton & Igor M. Babichenko
On April 5, 2011, the Department of Labor ("DOL")
published a final rule  updating the regulations under
the Fair Labor Standards Act ("FLSA"). The final rule, which will take
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...
by Michael B. Steele
The speculation is over -- on June 30, 2015, the U.S. Department of Labor (DOL) published its long-awaited Notice of Proposed Rulemaking (NPRM) regarding overtime exemptions, after several missed release dates. The NPRM is in response...