Labor and Employment Law

Recent Posts

Babst Calland Employment Bulletin Feb. 2013: Exchange Notice Requirement Under the Fair Labor Standards Act: How Does an Employer Comply in the Absence of a State-Established Health Benefit Exchange?
Posted on 4 Mar 2013 by Babst Calland

A little known provision of the Patient Protection and Affordable Care Act (the Affordable Care Act) amended the Fair Labor Standards Act (the FLSA) to require that employers provide all new hires and current employees with written notice of a health... Read More

USDOL Delays Its "Companionship", "Live-In Domestic" Enforcement
Posted on 15 Sep 2015 by Fisher & Phillips LLP

by Ted Boehm As we recently reported , the U.S. Department of Labor's changes in its regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live... Read More

The 6th Circuit and the FLSA: Shortening the Time to Sue
Posted on 19 Aug 2013 by John Holmquist

Employers have used employment agreements to attempt to control the when and where of actions brought by employees. The courts have been receptive to the waiver of the right to sue in court where the forum provided, usually arbitration, is procedurally... Read More

28 Ways to Avoid Breaking The Law When Hiring Summer Interns
Posted on 21 Jun 2013 by Eric Meyer

It's that time of year. You're hiring summer interns and I'm shaving a spoked B into my playoff beard looking for an excuse to recycle my six keys to keeping unpaid internships from becoming a hot wage & hour mess . See what I... 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

Fourth Circuit Authorizes Retaliation by Prospective Employers Against FLSA Claimants
Posted on 22 Aug 2011 by Mack Sperling

In a significant employment law case, the Fourth Circuit ruled last Friday that an employer may decline employment to a prospective employees due to her having made FLSA charges against a previous employer. The case, decided 2-1 over a strong dissent... Read More

Despite what some think, employers also do not set out to cheat and steal
Posted on 17 Jul 2012 by Jon Hyman

Earlier this year, I engaged in a debate with plaintiff's attorney (and author of the excellent employee-side blog, Screw You Guys, I'm Going Home ) Donna Ballman over whether discrimination lawsuits are sins of commission or omission. I argued... Read More

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

Will Home Care Workers Finally Get FLSA Protection?
Posted on 17 Aug 2012 by Abbey Spanier

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"... Read More

Is Anyone Still Using Unpaid Interns?
Posted on 15 Sep 2015 by Jon Hyman

I’ve cautioning about the use of unpaid interns almost as long as this blog has been a blog ( here , here , and here , for example). Last week, the 11th Circuit, in Schumann v. Collier Anesthesia [pdf] , became the third federal appellate court... 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

U.S. High Court: Labor Complaints May Be Filed Orally
Posted on 23 Mar 2011 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Fair Labor Standards Act's anti-retaliation provision applies to complaints that are filed orally and written, the U.S. Supreme Court majority ruled Mar. 22 ( Kevin Kasten v. Saint-Gobain Performance Plastics... 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