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

New Jersey Increases Minimum Wage to $8.25 Per Hour, Will Increase Annually Based on Inflation
Posted on 15 Jan 2014 by David S. Rich

On November 5, 2013, New Jersey residents voted , by a tally of 61% to 38%, to approve an amendment to the New Jersey State Constitution (the “New Jersey Constitution” or the “State Constitution”) increasing the State’s minimum... Read More

New Jersey Adopts The Federal Regulations Concerning Exemptions From Overtime Pay Laws
Posted on 24 Oct 2011 by David S. Rich

On September 6, 2011, the New Jersey Department of Labor and Workforce Development repealed its existing rules governing exemptions from overtime pay requirements for executive, administrative, professional and outside sales employees, and instead... Read More

Just How Nervous Should Companies Be About FLSA Lawsuits Over Employee Smartphone Use? (Hint: Very)
Posted on 22 May 2015 by Eric Meyer

“ Once is happenstance . Twice is coincidence . Three times is enemy action.” (I’m pretty sure that was from Ferris Bueller) Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “ Can You Sue the Boss... Read More

NERA Reports on Latest Wage and Hour Lawsuit Settlement Trends
Posted on 21 Jul 2015 by Kevin M. LaCroix

One of the most significant areas of litigation in the employment practices liability arena has been the employee lawsuits seeking damages for employer violations of federal and state wage and hour laws. But while these kinds of lawsuits remain important... Read More

Timekeeping for Exempt Employees
Posted on 21 May 2015 by Fisher & Phillips LLP

by John E. Thompson Should an employer keep records of the time worked by employees who qualify for a federal Fair Labor Standards Act minimum-wage and/or overtime exemption? At the risk of giving the proverbial "lawyer's answer", it... Read More

The Sixth Circuit and Overtime: Uh Oh
Posted on 9 Jun 2015 by John Holmquist

In Moran v. Al Basit LLC , the 6th Circuit posed the question of whether plaintiff's testimony is sufficient to defeat a motion for summary judgment where plaintiff presented no other evidence with respect to the amount of overtime he worked [an enhanced... 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

Is Incarceration the New Slavery? Does Cheap Labor Explain the U.S.'s High Incarceration Rates?
Posted on 12 Mar 2015 by Donna Ballman

I was reading an article about Massachusetts inmates suing for minimum wage and it started me thinking. The U.S. has the highest incarceration rates in the world . We have about 2.2 million people in prison here. The shockingly high rates started a steep... Read More

California Supreme Court Rules on Meal and Rest Breaks Class Action
Posted on 20 Apr 2012 by Abbey Spanier

The California Supreme Court recently issued its long awaited decision in Brinker Restaurant Corp. v. The Superior Court of San Diego County , 2012 Cal. LEXIS 3149 (Cal. Apr. 12, 2012) [ an enhanced version of this opinion is available to lexis.com... Read More

State Net Capitol Journal: Minimum Wage Just One Issue Washington Has Left to the States
Posted on 23 Jun 2014 by State Net

by Lou Cannon More than four years ago Congress passed President Obama's health care proposal, the Affordable Care Act, on party lines. Whether one favors it or not, Obamacare is a momentous measure. But as far as other major legislation is concerned... Read More

2016 "Contractor Minimum Wage" Rate Released
Posted on 21 Sep 2015 by Fisher & Phillips LLP

The U.S. Labor Department has published the 2016 wage-rate floor required by President Obama's "Establishing A Minimum Wage for Contractors" Executive Order 13658 . The Order has been implemented through regulations appearing at 29 C.F.R... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of July 18, 2011)
Posted on 19 Jul 2011 by Foley & Lardner LLP

Serving Two Masters Can Trigger Overtime Claims By Gregory W. McClune While it has been said that "no one can serve two masters," in our modern society many people work for two or more employers at the same time. This multiple employment... Read More