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"...
On September 6, 2011, the New Jersey Department of Labor
and Workforce Development repealed its existing rules governing exemptions from
overtime pay requirements for executive, administrative,
professional and outside sales employees, and instead...
“ Once is happenstance . Twice is coincidence . Three times is enemy action.”
(I’m pretty sure that was from Ferris Bueller)
Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “ Can You Sue the Boss...
In Moran v. Al Basit LLC , the 6th Circuit posed the question of whether plaintiff's testimony is sufficient to defeat a motion for summary judgment where plaintiff presented no other evidence with respect to the amount of overtime he worked [an enhanced...
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...
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...
Serving Two Masters Can Trigger Overtime
Gregory W. McClune
While it has been said that "no one can serve two
masters," in our modern society many people work for two or more employers at
the same time. This multiple employment...
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...
For the first time in over a decade, the Department of Labor proposed updates today to the federal Fair Labor Standards Act (“FLSA”) white collar overtime regulations. These changes will impact businesses throughout the United States . The...
We previously blogged about the split among the Circuit courts and state court decisions regarding whether pharmaceutical sales representatives are outside sales employees and therefore exempt from the overtime requirements of the Fair Labor Standards...
To most of us, the 4 th of July means a day off from work spent with family and friends, perhaps going to a parade, having a barbeque or watching fireworks. But Independence Day signifies so much more. It not only honors the birthday of our country, but...
by John E. Thompson
Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about...
A federal investigation has determined that Upper Crust,
a bankrupt gourmet pizza chain, owes former employees about $850,000 in back
wages and damages. In 2009, the Department of Labor investigated Upper Crust's
refusal to pay its workers overtime...
On July 23, 2015, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP , No. 14-3845 (2d Cir. July 23, 2015) , the U.S. Court of Appeals for the Second Circuit, reversing the U.S. District Court for the Southern District of New York’s order dismissing...
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...