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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: assistant

New FLSA Joint Employer Test Enunciated By Third Circuit—Good News For Employers!

Posted in Class Actions, Exemptions

When employees work for two ostensibly independent employers, and the aggregate hours worked exceeds forty, overtime must be paid if the employers are “sharing” the employee or both deriving benefits from that employee’s work.  That is the doctrine of “joint employer” status.  Now, in a recent holding, the Third Circuit has set forth a new… Continue Reading

Lessons To Be Learned From Another Successful Defense Of An Assistant Manager Class Action

Posted in Class Actions

I have written several times about Assistant Manager class actions being quite difficult to defend because these employees often perform a great deal of “subordinate” type work, making the issue of “primary duty” a tricky one.  In a recent class action involving these employees, a federal judge has denied a motion for conditional certification (which… Continue Reading

Assistant Manager Exemption Case Goes For The Employer: A New Day Dawns!

Posted in Class Actions, Exemptions

After a three-week jury trial, Southern New England Telephone Company has won a verdict finding that employees who were titled as field managers and classified as exempt, were in fact exempt under the Fair Labor Standards Act and state law.  This case is significant because, as a rule, first-level managers are often in reality “working… Continue Reading