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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: Fair

Proposed Rule Change By the Department of Labor Could Negatively Affect The Elderly and Disabled

Posted in Exemptions

The National Association of Medicaid Directors (“NAMD”) is challenging the proposed rule to extend minimum wage and overtime protections to home health care workers.  Currently, home health care workers are exempt from the minimum wage and overtime requirements under the Fair Labor Standards Act.  Pursuant to the proposed change, any home health care work assigned… Continue Reading

The Wave Of Intern Suits: When Are They Employees?

Posted in Class Actions

I have posted a number of times on the slew of intern lawsuits recently filed under the Fair Labor Standards Act. This may be a new “wave” or fertile new ground for plaintiff side practitioners so I keep following these cases, particularly, the Hearst Corporation case, with more than a little interest. This particular case is… Continue Reading

California Joins The U.S. Department of Labor In Its Fight Against Misclassification

Posted in Independent Contractor

On February 9, 2012, the U.S. Department of Labor (“DOL”) announced that California has entered into a “memo of understanding” to work with the DOL to “end the practice of misclassifying employees” as independent contractors.  This agreement between California and the DOL is part of the federally funded Misclassification Initiative that was launched in September… Continue Reading

The Danger In Docking The Pay of Exempt Employees

Posted in Class Actions

Last week, the Southern District of Texas denied a motion by Power Line Services Inc. (“Power Line”) to dismiss a class action alleging that the company improperly docked employee paychecks.  The claim arises out of a company policy permitting Power Line to make payroll deductions for any charges made on a corporate credit card for which an… Continue Reading

The United States Department of Labor Targets Wage and Hour Abuses In The Residential Care Industry

Posted in Working Time

On December 1, 2011, the United States Department of Labor (“DOL”) announced that it will be conducting an “enforcement initiative” focused on the residential care industry in North Carolina. The residential care industry consists of group homes, long term care facilities, and other businesses that provide care for individuals who are incapable of caring for… Continue Reading

The U.S. Chamber of Commerce Joins The Fight Against Preserving Hard Drives For All Potential Class Action Members

Posted in Class Actions

On November 7, 2011, the U.S. Chamber of Commerce (the “Chamber”) filed an amicus brief in support of the motion by KPMG LLP (“KPMG”) to set aside the Southern District of New York’s denial of its application for a protective order.  The protective order sought to limit the number of employee hard drives that KPMG… Continue Reading

Agencies Target Independent Contractor Status: The Death Knell of Such Relationships?

Posted in Independent Contractor

On September 19, 2011, the leaders of the U.S. Department of Labor (“DOL”), Internal Revenue Service, and eleven state agencies entered into a “memo of understanding” to work together to “end the practice of misclassifying employees” as independent contractors.  The participating agencies claim that some employers classify their workers as independent contractors, rather than as… Continue Reading

A Losing Record And Now This — Citi Field Security Guards Sue The New York Mets for Overtime Pay

Posted in Class Actions

Just when the New York Mets thought that things couldn’t get any worse for them this season, they get “hit” with a class action lawsuit for allegedly failing to pay Citi Field security guards overtime. The plaintiffs, Errol K. Roberts and David N. Vernod, allege that Citi Field security guards regularly work 40 hours a… 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

Security Guards Found To Be Independent Contractors And Awarded Over $200,000

Posted in Independent Contractor

On June 7, 2011, the United States Department of Labor (“DOL”) issued a press release announcing that it had obtained summary judgment on behalf of 57 security guards who had alleged overtime and record keeping abuses against International Detective & Protective Services (“IDPS”) and its owners/officers in violation of the Fair Labor Standards Act. As… Continue Reading

Take Me Out to the Ballgame – Yankee Stadium Concession Workers Want A Share of Mandatory Service Charges

Posted in Class Actions

On May 9, 2011, a group of Yankee Stadium food service workers filed a complaint in the Southern District of New York alleging that the stadium’s concession providers withheld tips in violation of the New York Labor Law (“NY Labor Law”). The workers allege that the concession providers at the new and old Yankee stadiums… 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

Crackdown on Allegedly Misclassified Independent Contractors Continues: New York Joins The Club

Posted in Independent Contractor

In an October 28, 2010 posting in the New York Labor and Employment Report, Joseph Dole comments on a new law that took effect in New York State on October 26, 2010.   That law, entitled the Construction Industry Fair Play Act, creates a presumption in the construction industry that all workers are statutory employees, not… 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

Loss Prevention Managers: Do They Fit Within The Administrative Exemption?

Posted in Class Actions, Exemptions

A class of Loss Prevention Managers are suing their employer in a Fair Labor Standards Act collective action, contending they have been incorrectly classified as exempt.  Their cause has advanced a step, as a federal judge has just granted conditional certification to their proposed class. The case is entitled Templeton v. Fred Meyer Incorporated and… Continue Reading

Off-The-Clock Work: A Hidden Danger Explodes

Posted in Class Actions, Working Time

I have posted numerous times on the issues of preliminary and postliminary work and whether these activities are compensable.  Part and parcel of this issue is whether such time is compensable.  A recent case highlights (again) this issue and the confusion that well-intending employers face when determining whether or not to pay employees for alleged working… Continue Reading

Another Law Firm Sued For Overtime, This Time By A Lawyer: What’s The World Coming To?

Posted in Class Actions, Exemptions

A few months ago, I posted about a law firm sued for overtime by a paralegal.  In this latest case lodged against another law firm, a securities and antitrust plaintiff’s law firm named Labaton Sucharow LLP, a former attorney has filed a class/collective action seeking overtime.  The suit was filed under New York law and… Continue Reading

Important Development in Class Action Law: Indemnification Agreement Upheld

Posted in Class Actions

A case has recently issued that provides instructive guidance for employers who may want to insulate themselves from potential liability in a class action lawsuit.  A federal judge has ruled that an entity, a sub-contractor that provided janitorial personnel and crews to Target Corp. was contractually obliged to indemnify Target in a Fair Labor Standards… 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

Classes and Sub-classes Are Possibilities In FLSA Collective Actions

Posted in Class Actions

The Seventh Circuit Court of Appeals (based in Chicago) has reversed a district court judge who dismissed two Fair Labor Standards Act overtime collective actions instigated by a group of Chicago paramedics because the lower court judge found the claims were “hopelessly heterogeneous.” Such a finding means that there is not the overall, common pattern,… 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