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

Tag Archives: FLSA

You Need Brakes and Tires!  Supreme Court May Decide Exempt Status of Auto Dealer Service Advisers

Posted in Exemptions

Exemption issues are very tricky and very fact sensitive.  Given that, courts in different jurisdictions can come down differently on the same issue and then the US Supreme Court is called upon to resolve this difference in the federal Circuit (i.e. appellate) courts.  With the job category known as “service advisers” in auto dealers, this… Continue Reading

Comments on DOL Exemption Proposals Illustrate Great Divide

Posted in Exemptions, Overtime Issues

The 60-day comment period closed on September 4, 2015 for the USDOL’s proposed (and for employers, controversial) overtime changes.  There were an amazing 250,000 comments submitted and this highlights the chasm between the commenters and the fear felt by employers who dread that their businesses will be hurt (or buried) by the proposed changes.  Other… Continue Reading

Sirius XM Settles FLSA Intern Case: Good Use of Formulas as a Basis for Settlement

Posted in Class Actions, Working Time

There have been a host of intern cases of late, the theory being that these individuals were actually doing productive work, acting as if they were employees, and were not paid for their labor that facilitated the particular company’s business.  In another example of this phenomenon, Sirius XM has just settled a putative FLSA collective… Continue Reading

USDOL Revisions to White Collar Rules Will Issue This Month: Lots of Changes Ahead

Posted in Exemptions, Overtime Issues

I have blogged before on the “eagerly” anticipated DOL revisions to the white collar exemption regulations.  This initiative is designed to narrow the white collar exemptions to the Fair Labor Standards Act and would make possibly millions of additional employees overtime eligible. The proposed rule is now expected this month, but its expected content is… Continue Reading

Survey Shows Corporate Counsel Especially Fear Class Actions: With Good Reason!

Posted in Class Actions, Exemptions, Overtime Issues, Working Time

A recent survey shows that class actions are the biggest worry for US corporate counsel.  This is based on a polling of approximately 800 corporate counsel where the results were that 25% of those polled labeled class actions as their biggest fear and that almost two of five answered that they have endured such an… Continue Reading

Bigger Rigs Are Better In the Trucking Industry, Says the Third Circuit

Posted in Class Actions, Overtime Issues

In March, the Third Circuit joined other circuits in its ruling in McMaster v. Eastern Armored Services, Inc.  that trucking companies are not relieved from the payment of overtime wages to their employees whose job “in whole or in part” affects the safe operation of vehicles lighter than 10,000 pounds. In its precedential decision, the Third… Continue Reading

Third Circuit Clarifies Meaning Of “Interstate Commerce” In Motor Carrier Exemption Suit

Posted in Overtime Issues

When analyzing the so-called motor carrier exemption under the Fair Labor Standards Act, 29 USC 213(b)(1), controversies often arise as to whether the drivers are involved in “interstate commerce.” This is because, as a rule, the safety sensitive nature of the driver’s job and the fact that the employer-defendant is a “motor carrier” are often… Continue Reading

Supreme Court Will Not Hear Case Involving Waiver (In A Severance Agreement) Of FLSA Collective Action Participation

Posted in Class Actions

In a significant ruling (or lack of same) the US Supreme Court has declined to review an appellate court decision that held that employees could pursue a Fair Labor Standards Act collective action even though they signed severance agreements that included collective action waivers.  The Sixth Circuit had held that as the severance agreements did… Continue Reading

The FLSA Administrative Exemption Not Applicable To Oil Company Employees

Posted in Exemptions

Another administrative exemption lawsuit! The FLSA administrative exemption is the most difficult to defend and toughest to prove for an employer. The Fifth Circuit has now held that three marine superintendents at petroleum shipping loss-control company were non-exempt and did not meet the tests for the administrative exemption under the Fair Labor Standards Act. The… Continue Reading

Carnival Workers Get Conditional Certification In Case Where Lawyers Sought To Depose Their Own Lead Plaintiff

Posted in Class Actions

A few weeks ago, I posted about the unique (i.e. strange) situation of the plaintiff’s lawyer in this case seeking to depose his own client. There has been a new development in this case and it is one that dwarfs the importance of the other issue. The workers, who have accused their amusement park employer… Continue Reading

Secret Service Hit with Overtime Suit on Off-The-Clock Work

Posted in Class Actions, Exemptions, Overtime Issues

As if the Secret Service did not have enough headaches to go around!  Now, the beleaguered agency has been hit with a class action lawsuit filed by information technology and telecommunication specialists, who allege they were not paid for extra work that was not reported/recorded.  The case is entitled Alvarez et al. v. U.S. and… Continue Reading

Plaintiff’s Counsel Wants To Depose His Own Client in FLSA Collective Action: Really?

Posted in Class Actions

This is great!  A FLSA collective action filed against an amusement park company.  A lead plaintiff and other plaintiffs added.  So far, so good.  Then, one of the lead plaintiffs settles independently with the employer and now the plaintiffs’ lawyer, this person’s lawyer (former lawyer) wants to depose his own client.  The company is strongly… Continue Reading

When Do Bonuses Get Included In Non-Exempts’ Regular Rate for OT Calculations?

Posted in Overtime Issues

A little known aspect of the FLSA is the need for an employer to include non-discretionary bonuses when calculating the regular rate for purposes of overtime calculation.  In a collective action, the employees of Publix Super Markets have charged that the Company has not done that, particularly in the face of an alleged admission by… Continue Reading