Labor and Employment Law

Recent Posts

U.S.S.C. to Hear FLSA Appeal of "Terrible" 3d Cir. Decision
Posted on 5 Jul 2012 by Margaret (Molly) DiBianca

The Internet is buzzing with discussions of the Supreme Court's decision to uphold the Affordable Care Act today. Many, many lawyers far better versed than I are typing their little hearts out as I write this post and I'm happy to leave the analysis... Read More

Pharmaceutical Sales Representatives Are Not Eligible For Overtime Pay, Holds U.S. Supreme Court
Posted on 20 Aug 2012 by David S. Rich

The federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the "FLSA"), and its implementing regulations, 29 C.F.R. §§ 510 et seq. , mandate that most employees in the U.S. be paid overtime compensation at 1½ times... 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

Does a "good faith belief" about an illegal pay practice support an FLSA retaliation claim?
Posted on 9 Aug 2012 by Jon Hyman

April Hurd worked as a nurse's aide for Blossom 24 Hour We Care Center. The company fired her 10 days after she complained about unpaid overtime. Easy case for the employee? If you think this is an open and shut case of retaliation under the FLSA... Read More

Comments to Proposed DOL FLSA 13(a)(1) Exemptions Already Being Filed
Posted on 11 Aug 2015 by Fisher & Phillips LLP

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... Read More

FLSA Lessons from Gordon Ramsay
Posted on 22 Aug 2012 by Margaret (Molly) DiBianca

The FLSA's tip-pooling prohibition made news headlines in March when the restaurant group owned by Chef Mario Batali was reported to have settled an FLSA lawsuit for $5.25 million. Apparently, though, the news headlines did not make its way to Vermont... Read More

E.D. Pa. Dismisses Nurses' Claims for Missed Meal Breaks
Posted on 14 Aug 2012 by Margaret (Molly) DiBianca

Essentially, the FLSA contains just two requirements for non-exempt employees: (1) that the employees be paid minimum wage; and (2) that they are compensated at a rate at least one and one-half times the regular rate for all time worked in excess of 40... Read More

Scranton, PA Becomes Employment Law Ground Zero
Posted on 18 Jul 2012 by Philip Miles

Scranton, PA is perhaps best known as the hometown of the fictional company Dunder Mifflin from The Office . It's actually a real town, and I have found that it has a certain charm. Recently, Scranton has drawn enormous media attention because its... 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

Booby trapped! No break time for nursing employee; no lawsuit either.
Posted on 24 Jul 2012 by Eric Meyer

HEY! Which one of you just threw that breast pump at my head? ** Dons sensitivity invisibility cloak ** Nearly two years ago, I wrote here about how the The Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (FLSA) to... Read More

FLSA Victory: Class Certification Denied
Posted on 26 Oct 2012 by Margaret (Molly) DiBianca

Ask any employment lawyer what the worst employment law is and I'd be willing to bet the overwhelming majority would answer, "the FLSA." Although the Fair Labor Standards Act (FLSA) was written with the right idea in mind--to ensure employees... Read More

Third Circuit Defines "Joint Employment" Under FLSA
Posted on 10 Aug 2012 by Philip Miles

In In re EnterpriseRent-A-Car Wage and Hour Employment Practices Litigation , 683 F.3d 462 (3d Cir. June 28, 2012), the Third Circuit defined "joint employment" under the FLSA. The case arises from a collective action for unpaid overtime brought... Read More

SCOTUS Grants Cert. in FLSA "Pick Off" Case - COTW #99
Posted on 11 Jul 2012 by Philip Miles

The Supreme Court recently granted certiorari in Genesis HealthCare Corp. v. Symczyk and it's the employment law Case of the Week! You can read the 3d Circuit opinion here . I know what you're thinking . . . "hey, wasn't that Lawffice... Read More

Classifying Employees as Exempt from Overtime May Become a Lot More Costly
Posted on 6 Jul 2015 by Robin Largent

This week, the Department of Labor announced proposed changes to the white-collar overtime exemptions under the Fair Labor Standards Act ("FLSA"). If enacted, these changes will significantly impact employers. To qualify as exempt from overtime... Read More

Evaluating the Impact of USDOL's Salary Proposal
Posted on 13 Jul 2015 by Fisher & Phillips LLP

by John E. Thompson The U.S. Labor Department has of course proposed a substantial increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or a derivative exemption under... Read More