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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: law

The Offensive Use Of DOL Opinion Letters In Overtime (And Other) Wage-Hour Class Actions

Posted in Class Actions, Exemptions

I have been representing an employer in a class action in which Registered Nurses, paid hourly, sought overtime.  We won on summary judgment at the trial court, on the strength of two New Jersey Department of Labor Opinion Letters (one going back to 1975), that held that it was the DOL’s interpretation that as long… Continue Reading

Unlicensed Law Clerks Found to Be Exempt Employees

Posted in Exemptions

Last week, a California appeals court ruled that a former law clerk who had graduated from law school but not yet passed the bar, was exempt from overtime pay as a professional employee.  The former law clerk, Matthew Zalesko-Barrett, sued Brayton Purcell LLP alleging that the law firm denied him overtime, waiting time penalties, and… 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

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

Law Firm Sued by Legal Secretary on Exemption Misclassification Theory

Posted in Class Actions, Exemptions

Law firms are usually defending clients in wage-hour suits where the allegation is that the employee claims he/she has been misclassified as exempt when they are really not and are due overtime. But, law firms themselves must be diligent about properly classifying their own employees, especially when they categorize employees exempt under the administrative exemption…. Continue Reading