Labor and Employment Law

Recent Posts

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On September 6, 2011, the New Jersey Department of Labor and Workforce Development repealed its existing rules governing exemptions from overtime pay requirements for executive, administrative, professional and outside sales employees, and instead...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

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

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

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

New Overtime Regulations Will Impact Five Million Workers
Posted on 2 Jul 2015 by Ashley Kasarjian

For the first time in over a decade, the Department of Labor proposed updates today to the federal Fair Labor Standards Act (“FLSA”) white collar overtime regulations. These changes will impact businesses throughout the United States . The... Read More

Comments to Proposed DOL FLSA 13(a)(1) Exemptions Already Being Filed
Posted on 11 Aug 2015 by Fisher & Phillips LLP

by John E. Thompson Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there is great concern about... Read More

Lawyers Who Review Documents May Be Eligible For Overtime Pay, Says Federal Appellate Court
Posted on 11 Sep 2015 by David S. Rich

On July 23, 2015, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP , No. 14-3845 (2d Cir. July 23, 2015) , the U.S. Court of Appeals for the Second Circuit, reversing the U.S. District Court for the Southern District of New York’s order dismissing... 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

What Kinds Of Extra Compensation Offset Overtime Pay In New York?
Posted on 1 Jun 2011 by David S. Rich

The federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations, 29 C.F.R. § 510 et seq. , require that most employees in the U.S. be paid not less than the federal... Read More

Department of Labor Expands Wage and Hour Laws to Home Care Workers
Posted on 19 Sep 2013 by Jon Hyman

Do you employ home health aides, personal care aides, or certified nursing assistants? Do you pay them less than the minimum wage, or less than time-and-a-half for any hours worked in excess of 40 in a week? If so, then you will need to make a big change... Read More

By Hiking Salary Level For FLSA Exemptions Instead of Revising Complex “Duties Tests,” DOL Takes the Simplest Route to Regulatory Simplification
Posted on 2 Aug 2015 by Steptoe & Johnson PLLC

by Rodney L. Bean When President Obama directed the Department of Labor last year to make its Fair Labor Standards Act overtime regulations simpler for businesses and workers to understand, many observers expected the agency to propose comprehensive... Read More

Are My Company’s Workers In New York Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?
Posted on 27 Apr 2011 by David S. Rich

The federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (the "FLSA"), and its implementing regulations, 29 C.F.R. § 510 et seq. , mandate that most employees in the United States be paid at least the... Read More