Labor and Employment Law

Recent Posts

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

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

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

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

FLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees
Posted on 29 Apr 2015 by Fisher & Phillips LLP

by John E. Thompson No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this... 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

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

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

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

Department of Labor’s "Right to Know" Initiative Apparently Expanded
Posted on 14 Nov 2013 by Fisher & Phillips LLP

by John E. Thompson The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act. Readers will recall our posts about a similar USDOL... Read More