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Wage & Hour – Development & Highlights To Highlight Recent and Noteworthy Developments In Cases And Regulations on Wage and Hour Laws That Affect Large and Small Businesses

Tag Archives: and

State Exemptions Need Not Mirror Federal Exemptions

Posted in Exemptions

The federal motor carrier exemption applies to drivers, mechanics and other employees whose duties affect safety and who work in interstate commerce.  This exemption applies to truck companies and bus companies.  Any state is free to adopt this exemption, in toto, or to modify it or, in fact, not adopt it at all. The New… Continue Reading

New Jersey Moving Towards Heightened Penalties For Wage and Hour Violations

Posted in Working Time

The New Jersey Assembly Budget Committee has approved legislation to enhance penalties and sanctions against employers who illegally withhold wages and benefits from employees.  The proposed legislation sets forth increased fines, penalties, and damages for wage and hour violations.  Additionally, the bill imposes criminal sanctions against employers who retaliate against employees for reporting and/or complaining… Continue Reading

The Northern District of Alabama Finds That Mercedes’ Employees Are Too Well Paid to Sue for Overtime

Posted in Class Actions

On Monday, the Northern District of Alabama dismissed sixteen (16) individuals from a federal overtime lawsuit against Mercedes-Benz International Inc. (“Mercedes”) due to their status as “highly compensated” employees.  The Court determined that these individuals were exempt from overtime because they earned more than $100,000 per year and performed “office on non-manual work.”  The case… Continue Reading

An Employee’s Immigration Status Is Irrelevant To A Claim Under the Fair Labor Standards Act

Posted in Class Actions

I have been asked on several occasions whether illegal aliens, or unauthorized immigrants, can sue for unpaid wages under the Fair Labor Standards Act (“FLSA”).  Employers are typically shocked when I tell them that the FLSA covers all workers, regardless of their immigration status. The Southern District of New York, in a recent ruling, not… Continue Reading

Employers Urge Congress To Revise the Fair Labor Standards Act

Posted in Working Time

On July 14, 2011, several lobbyists and business representatives argued before the House Education and the Workforce Subcommittee on Workforce Protections (“Subcommittee”) that the Fair Labor Standards Act (“FLSA”) needs to be revised.  J. Randall MacDonald, senior vice president of human resources at IBM and chairman of the HR Policy Association, told the Subcommittee that… Continue Reading

Does Home-to-Work Commute Time Become Compensable Under The “Continuous Workday” Theory?

Posted in Working Time

In a May 9, 2011 posting in the Connecticut Employment Law Blog, Daniel Schwartz took a look at the recent decision of the Second Circuit in Kuebel v. Black & Decker.  He notes that the Court held that home-to-work commute time does not become compensable time, merely because the employee has performed work-related tasks before… Continue Reading

The New Year Will Likely Bring More Of The Same In The FLSA Class Action Arena

Posted in Class Actions, Exemptions, Working Time

In the November 30, 2010 issue of Employment Law 360, Alfred Robinson posits three continuing trends in FLSA litigation: 1) donning and doffing cases; 2) exemption misclassification cases; and, 3) off-the-clock work cases.  I concur, with the addition of a group of cases that I will call “blackberry cases” or “checking e-mail” cases. The issue… Continue Reading

Happy Thanksgiving! Turkey Processing Plant Workers Sue For Overtime

Posted in Class Actions, Working Time

A federal judge has conditionally certified a class action which was instituted by a group of production line workers in a turkey processing plant.  They claim they are owed compensation for donning and duffing activities as well as other activities that they claim were “working time.”  They claim compensation for changing into protective gear (the… Continue Reading

Who’s The Bimbo Here? Another Class Action Focusing On Independent Contractor.

Posted in Class Actions, Independent Contractor

Bimbo Bakeries has been hit with another wage-hour collective action in which the allegation is that the delivery drivers claim they have been classified as independent contractors, when they are really employees.  They seek wages and the employment benefits they would be due as statutory employees.  The drivers also allege that the company makes them… Continue Reading

A New Insight Into The FLSA Administrative Exemption

Posted in Class Actions, Exemptions

I have often lamented that the administrative exemption is the grayest of the three white-collar exemptions and the toughest to prove.  There are, however, some notable exceptions to this rule.  A federal court has granted summary judgment to a temporary employment recruiting firm, where the former employee, an Account Recruiting Manager, alleged he was non-exempt… Continue Reading

When Donning and Duffing Necessary Protective Clothing Is Not Compensable

Posted in Class Actions, Working Time

A federal judge has dismissed a possible class/collective action concerning an alleged failure by Butterball, the giant poultry company, to pay workers for donning and doffing time.  I have written many times on this subject, but this case is different because the court found that the employees’ union had agreed to the policy of not… Continue Reading

FLSA Donning and Duffing Class Action Defeated Because of Labor Contract Provision

Posted in Class Actions, Working Time

I have posted a few times about Fair Labor Standards Act donning and doffing cases. The general rule is that donning and doffing is compensable if these preliminary and postliminary activities are integral to the performance of the employee’s primary job. For a rule, there is always an exception. In a case entitled Johnson v…. Continue Reading