Labor and Employment Law

Recent Posts

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

Overtime Work Is Not A By-The-Job Matter
Posted on 9 Jan 2013 by Fisher & Phillips LLP

by John E. Thompson Recent reports have described more than one scenario in which an employer violated the federal Fair Labor Standards Act because the employer failed to recognize that non-exempt employees' hours worked over 40 were 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

Supreme Court: No overtime pay for pharmaceutical sales reps
Posted on 21 Jun 2012 by Eric Meyer

Under the Fair Labor Standards Act , a company must pay overtime to non-exempt employees who work over 40 hours in a particular workweek. Non-exempt, huh? That implies that the FLSA also contains various exemptions from overtime pay for employees who... Read More

Another Viewpoint on Overtime For Undocumented Work Time
Posted on 20 Aug 2015 by Jon Hyman

In Garcia v. SAR Food of Ohio , an Ohio federal court rejected an employer’s attempt to dismiss an off-the-clock wage-and-hour claim, because, even though the plaintiff had not reported un-clocked as “working time,” a fact issue existed... Read More

Commissioned Sales People in Retail Establishments Entitled to Overtime
Posted on 13 Feb 2013 by Abbey Spanier

by Stephanie Amin-Giwner Generally under the Fair Labor Standards Act ("FLSA") an employer must pay its employees overtime compensation of one and one-half times the employee's regular rate of pay for hours worked in excess of forty... Read More

Law Increases Penalties Against Employers In New York Which Don’t Pay Overtime Pay, Minimum Wage, Or Other Wages
Posted on 27 Dec 2010 by David S. Rich

On December 14, 2010, New York State Governor David Paterson signed into law the Wage Theft Protection Act, A. 11726/S. 8380 (the "Act"). The Act substantially increases civil and criminal penalties against employers which break New York's... Read More

Stopping Wage Theft Easier Said Than Done
Posted on 24 Nov 2014 by State Net

by Rich Ehisen When Dana's boss first told her he wanted her to call the staff of their newly-minted medical office in a small California town together for an afternoon meeting, she was in no way prepared for the reason he gave her: that from then... Read More

Proposed Federal Rules Would Require Third-Party Employers Of Domestic Workers To Pay Overtime Compensation
Posted on 27 Jan 2012 by David S. Rich

Proposed Rules Would Increase Overtime Pay For Live-In Domestic Workers in New York State The federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the "FLSA"), and its implementing regulations, 29 C.F.R. §§ 510 et... Read More

Companionship Exemption Changes in Effect
Posted on 24 Aug 2015 by Fisher & Phillips LLP

by Ted Boehm The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's... Read More

We Love Our Phones, but Should Employees Be Paid for Using Them Off-Duty?
Posted on 14 Feb 2013 by Jon Hyman

True confession time. I have a Pavlovian response to the new message chime on my iPhone. I can't help myself. When my phone beeps, I reach for it. I have no choice. I'm an exempt employee, which means that I am paid a weekly salary, with... 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

“The Devil Made Me Do It” Is Not a Defense to Insidious Wage-and-Hour Violations
Posted on 24 Aug 2015 by Jon Hyman

Late last week, the Department of Labor announced that it had filed a wage-and-hour lawsuit against Akron, Ohio, televangelist Ernest Angley and the for-profit buffet his church operates. The allegations are, to put it mildly, ugly. From Ohio.com : ... Read More

They're Heeeeerrrre - New Proposed FLSA Overtime Regs
Posted on 1 Jul 2015 by Philip Miles

At long last, today is the day. President Obama will announce the new proposed overtime regulations. You can read the Notice of Proposed Rulemaking here . This will take me some time to read through. After reading the executive summary, the main thrust... 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