Labor and Employment Law

Recent Posts

Court Says Lactation Is Related to Pregnancy, Refrains from Saying, "Duh"
Posted on 3 Oct 2013 by Donna Ballman

I wrote about a really stupid case out of Texas where a federal court said that "lactation is not pregnancy, childbirth, or a related medical condition," and thus decided that "firing someone because of lactation or breast-pumping is not... Read More

Fox Searchlight Case Confirm That Unpaid Interns Are a Dying Breed
Posted on 17 Jun 2013 by Jon Hyman

Out of the millions of page-views this blog has received over the six-years of its existence, the most popular post (by an almost three-to-one margin over its closest competitor) is You should pay attention to this post if you have unpaid interns ... Read More

Beware Offering "Examples" in Comments to USDOL
Posted on 31 Jul 2015 by Fisher & Phillips LLP

by John E. Thompson Comments on the U.S. Labor Department's proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions are, for the moment, still due on Friday, September 4, 2015. USDOL is... 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

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 lexis.com 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

Wages & Hours: Law and Practice
Posted on 13 Jan 2011 by LexisNexis Labor & Employment Law Community St

Wages & Hours: Law and Practice covers all aspects of federal and state laws governing minimum wage, overtime, and child labor standards. It focuses on the federal wage-hour statutory scheme, including laws regulating work under government procurement... Read More

Unpaid Internships May Be More Costly Than You May Think
Posted on 11 Jun 2013 by Martha J. Zackin

What do fashion designer Norma Kamali, journalist Charlie Rose, Elite Model Management Corporation, and the Hearst Corporation have in common? All have been sued by former unpaid interns, claiming that their unpaid status violated the Fair Labor Standards... Read More

Nursing Mother's USDOL Claim Settled
Posted on 8 Oct 2015 by Fisher & Phillips LLP

by John E. Thompson The U.S. Labor Department reports that a temporary-staffing employee has received $1,152 in back-wages and unspecified "other damages" for what it contended was a violation of the federal Fair Labor Standards Act's... Read More

Another Appellate Court Dropkicks the DOL’s Unpaid-Internship Test
Posted on 15 Sep 2015 by Eric Meyer

“So, dynamic, Eric . Is there anything you can’t do ?” Oh, hey there. Didn’t see you come in. You probably didn’t come here to read about Law360 naming me one of the 20 attorneys who are killing it on Twitter . (You can... 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

Court Says Lactation Is Related to Pregnancy, Refrains from Saying, "Duh"
Posted on 3 Oct 2013 by Donna Ballman

I wrote about a really stupid case out of Texas where a federal court said that "lactation is not pregnancy, childbirth, or a related medical condition," and thus decided that "firing someone because of lactation or breast-pumping is not... 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... Read More

Off-Clock Work: "Flintstone" Laws in a "Buck Rogers" World
Posted on 20 Jan 2012 by Robin Shea

It seems like such an insignificant little case, but it's really a can of exploding snakes . An Illinois woman who was terminated after she was caught working during her lunch period has won her claim for unemployment. (The employer said that... Read More