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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: Circuit

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

Who Is The “Employer” Under The FLSA: Second Circuit Addresses The Issue Of Individual Liability For The CEO Of Gristede’s

Posted in Class Actions

In FLSA cases, the plaintiff will often sue not only the Company, but its owners and/or officers as well.  I know from personal experience in defending these cases that clients often are motivated to settle because they fear the specter of possible personal or individual liability. The recent case involving the owner of Gristede’s Foods… Continue Reading

Further Confusion — The Split in Authority Regarding the Exempt Status of Pharmaceutical Sales Representatives

Posted in Exemptions

In early January, I posted an entry regarding the exempt status of pharmaceutical sales representatives. In the past several months, there have been several significant developments with respect to this issue. On February 14, 2011, the Ninth Circuit affirmed the District of Arizona’s ruling in Christopher, et al. v. SmithKline Beecham Corp., that a proposed… Continue Reading

The Continuing Saga Of The Fluctuating Work Week Heads To The Supreme Court

Posted in Exemptions, Overtime Issues

An employee who was paid a salary, deemed exempt by her employer, filed a lawsuit claiming she was in fact non-exempt and won.  The calculation of her damages, however, was not to her liking as the court computed the overtime using the half-time method allowed by the Fair Labor Standards Act (“FLSA”) fluctuating work week… Continue Reading

Class Certification Denied Due to Dissimilarity In Putative “Class.” The Way To Go!

Posted in Class Actions

In a FLSA collective action, a federal judge has denied conditional certification to a class of bus drivers and bus aides, who claimed overtime violations.  The denial was founded on the premise that the employees did not make even the modicum of a showing required for the obtaining of conditional certification.  This is usually an… Continue Reading

Joint Employer Finding Can Lead To Significant Liability Under The FLSA

Posted in Working Time

In a September 16, 2010 posting in the New York Labor & Employment Report, John Ho wrote about the issue of joint employer status under the Fair Labor Standards Act (“FLSA”). These are potentially explosive situations, especially if employees work from one facility to another.  When employees float between ostensible joint employers, their hours must… Continue Reading

The Administrative Exemption And Dispatchers: The Eleventh Circuit Gives Guidance

Posted in Exemptions

I have written a number of times about the difficulty of proving that the administrative exemption applies to dispatchers in the transportation industry.  I have noted that most transportation employers consider these employees exempt because their job functions are critical to business operations.  Under the Fair Labor Standards Act, however, that is not the test…. Continue Reading

The Vagaries of the Professional Exemption Continue

Posted in Exemptions

In a January 21, 2010 posting in the New York Labor and Employment Law Report, Joseph Dole reported on a case entitled Young v Cooper Cameron Corporation, recently issued by the Second Circuit.  The case concerned the applicability of the professional exemption to an individual performing engineering design work on sophisticated equipment.  While he had… Continue Reading