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U.S.S.C. to Hear FLSA Appeal of "Terrible" 3d Cir. Decision

The Internet is buzzing with discussions of the Supreme Court's decision to uphold the Affordable Care Act today. Many, many lawyers far better versed than I are typing their little hearts out as I write this post and I'm happy to leave the analysis in their capable hands. Instead, I'm writing...

SCOTUS Grants Cert. in FLSA "Pick Off" Case - COTW #99

The Supreme Court recently granted certiorari in Genesis HealthCare Corp. v. Symczyk and it's the employment law Case of the Week! You can read the 3d Circuit opinion here . I know what you're thinking . . . "hey, wasn't that Lawffice Space Case of the Week #57 back on September 8, 2011...

Scranton, PA Becomes Employment Law Ground Zero

Scranton, PA is perhaps best known as the hometown of the fictional company Dunder Mifflin from The Office . It's actually a real town, and I have found that it has a certain charm. Recently, Scranton has drawn enormous media attention because its mayor cut all city employees' pay to minimum...

Booby trapped! No break time for nursing employee; no lawsuit either.

HEY! Which one of you just threw that breast pump at my head? ** Dons sensitivity invisibility cloak ** Nearly two years ago, I wrote here about how the The Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (FLSA) to require companies to afford employees a "reasonable...

Does a "good faith belief" about an illegal pay practice support an FLSA retaliation claim?

April Hurd worked as a nurse's aide for Blossom 24 Hour We Care Center. The company fired her 10 days after she complained about unpaid overtime. Easy case for the employee? If you think this is an open and shut case of retaliation under the FLSA, you are mistaken. In Hurd v. Blossom 24 Hour We Care...

Third Circuit Defines "Joint Employment" Under FLSA

In In re EnterpriseRent-A-Car Wage and Hour Employment Practices Litigation , 683 F.3d 462 (3d Cir. June 28, 2012), the Third Circuit defined "joint employment" under the FLSA. The case arises from a collective action for unpaid overtime brought by assistant managers. Enterprise Holdings, Inc...

E.D. Pa. Dismisses Nurses' Claims for Missed Meal Breaks

Essentially, the FLSA contains just two requirements for non-exempt employees: (1) that the employees be paid minimum wage; and (2) that they are compensated at a rate at least one and one-half times the regular rate for all time worked in excess of 40 hours in a workweek. "Gap time" is not...

Pharmaceutical Sales Representatives Are Not Eligible For Overtime Pay, Holds U.S. Supreme Court

The federal Fair Labor Standards Act, 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 U.S. be paid overtime compensation at 1½ times the regular rate of pay for all hours worked in...

FLSA Lessons from Gordon Ramsay

The FLSA's tip-pooling prohibition made news headlines in March when the restaurant group owned by Chef Mario Batali was reported to have settled an FLSA lawsuit for $5.25 million. Apparently, though, the news headlines did not make its way to Vermont. At least not to the Juniper Hill Inn , anyway...

2012 SCOTUS Employment Law Preview!

It's here! The new SCOTUS season kicks off today! Let's see what kind of employment law goodies the Court has in store for us (in order of my personal preference): Supervisor Liability In Vance v. Ball State University, the Supreme Court will determine who counts as a supervisor in harassment...

FLSA Victory: Class Certification Denied

Ask any employment lawyer what the worst employment law is and I'd be willing to bet the overwhelming majority would answer, "the FLSA." Although the Fair Labor Standards Act (FLSA) was written with the right idea in mind--to ensure employees are paid for the work that they perform--the...

Classifying Employees as Exempt from Overtime May Become a Lot More Costly

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 under federal law, employees currently must be...

DOL’s New Overtime Rules – How Will The Proposed Regulations Impact Your Business?

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 to President Obama’s March 13, 2014...

60-Day Public Comment Period Commences On Proposed FLSA Overtime Exemption Rule Changes

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 (“NPRM”) that will more than double the...

Evaluating the Impact of USDOL's Salary Proposal

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 the federal Fair Labor Standards Act's Section...

Comments to Proposed DOL FLSA 13(a)(1) Exemptions Already Being Filed

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 the magnitude of the salary increase USDOL has...