Labor and Employment Law

Recent Posts

"Jail 'Em" Says Pennsylvania Senator About Employers Who Misclassify
Posted on 19 Aug 2014 by Donna Ballman

I've written here recently about the one-sided Criminalization of Employment Law . It seems that employees are getting tossed in jail while scofflaw employers sail off in their yachts laughing at the 99%. Well, at least one state Senator is doing... Read More

Court of Claims: Late Payment of Overtime Wages Resulted in an FLSA Violation
Posted on 20 Aug 2014 by Fisher & Phillips LLP

by John E. Thompson A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: ♦ Failing to pay non-exempt employees the FLSA-required minimum-wage or overtime... Read More

Supreme Court Rules Drug Company Sales Employees Are Not Entitled to Overtime Pay
Posted on 20 Jun 2012 by Edwin Hopson

In Christopher et al. v. SmithKline Beecham Corp., d/b/a Glasxosmithkline , 567 U.S. ___ (2012), No. 11-204, decided June 18, 2012, the U.S. Supreme Court, in a 5-4 decision, ruled that certain drug sales employees are to be treated as "outside salesmen"... Read More

Informal Conversations with Department of Labor are Insufficient to Avoid Liquidated Damages in Class Action
Posted on 1 Jun 2012 by Abbey Spanier

In McLean v. Garage Management Corp ., Judge Denise Cote of the Southern District of New York reaffirmed the high standards an employer must meet in order to avoid liquidated damages under the Fair Labor Standards Act-holding that lessons learned from... Read More

Department of Labor's 'Bridge to Justice' Will Likely Lead to More Lawsuits Against Employers
Posted on 14 Dec 2010 by GreenbergTraurig

Effective December 13, 2010, an unprecedented joint "Bridge to Justice" initiative between the U.S. Department of Labor and the American Bar Association will assist plaintiffs in obtaining legal counsel for claims under the Fair Labor Standards... 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

Must Employers Pay Salaried Workers for Time Not Worked Under the FLSA?
Posted on 11 Oct 2013 by Steptoe & Johnson PLLC

by Keisha N. Jackson Riddle me (you) this: A salaried employee has worked for your company for just two weeks. He gets sick and misses one full day of work. He has accrued a small number of hours in his leave bank but not enough to cover the whole... Read More

Working Late -- Are Pharmaceutical Sales Representatives Entitled to Overtime?
Posted on 11 Jul 2012 by Laurie E. Leader

In Christopher v. SmithKline Beecham Corp., the United States Supreme Court held that pharmaceutical sales representatives ("PSRs," also known as "detailers") qualify as "outside salesmen" exempt from minimum wages and overtime... 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

SCOTUS Returns to Unanswered Question from Symczyk
Posted on 20 May 2015 by Philip Miles

Remember the FLSA "pick-off" case? In Genesis Healthcare v. Symczyk, the Court held that if an FLSA collective action becomes moot as to the only plaintiff (before additional plaintiffs were added), then the entire claim becomes moot (and the... Read More

Picking Off the FLSA Case
Posted on 12 Aug 2011 by Craig Salner

For what today's case lacks in juicy facts, it makes up for in practical legal impact. In Dionne v. Floormasters Enterprises, Inc. , 2011 U.S. App. LEXIS 15560 (11th Cir. July 28, 2011), the Eleventh Circuit affirmed dismissal of a wage and hour... Read More

Tags: FLSA

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

Ninth Circuit Rules That Twombly Standard of Specificity Applies to FLSA Pleadings
Posted on 21 Nov 2014 by Sheppard Mullin

by Gregg Fisch and Ryan Duffy On November 12, 2014, in Greg Landers v. Quality Communications Inc. [ an enhanced version of this opinion is available to subscribers ], the Ninth Circuit clarified a previously unsettled point of law by confirming... 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