Labor and Employment Law

Recent Posts

Despite what some think, employers also do not set out to cheat and steal
Posted on 17 Jul 2012 by Jon Hyman

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... Read More

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

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

U.S. High Court: Labor Complaints May Be Filed Orally
Posted on 23 Mar 2011 by Bajeerah LaCava

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... Read More

60-Day Public Comment Period Commences On Proposed FLSA Overtime Exemption Rule Changes
Posted on 8 Jul 2015 by Sheppard Mullin

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... 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

The First Circuit's Application of the "Plausibility" Pleading Standard to an FLSA Claim
Posted on 29 Oct 2012 by LexisNexis Labor & Employment Law Community St

by Allen Ides Excerpt: 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... 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

Supreme Court to Hear Case on Scope of Outside Sales Exemption (and Hopefully Scope of DOL’s Power)
Posted on 30 Nov 2011 by Jon Hyman

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... 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

DOL’s New Overtime Rules – How Will The Proposed Regulations Impact Your Business?
Posted on 7 Jul 2015 by Williams Mullen

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... Read More