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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

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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

State Exemptions Need Not Mirror Federal Exemptions

Posted in Exemptions

The federal motor carrier exemption applies to drivers, mechanics and other employees whose duties affect safety and who work in interstate commerce.  This exemption applies to truck companies and bus companies.  Any state is free to adopt this exemption, in toto, or to modify it or, in fact, not adopt it at all. The New… Continue Reading

Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions

Posted in Class Actions

These are happy times for management side lawyers, I predict.  The U.S. Supreme Court has heard oral arguments on the issue of whether utilizing the Rule 68 FRCP Offer of Judgment procedure to, essentially, “pick off” the lead, named plaintiff in a FLSA collective action ends up undermining the validity of the entire class if… Continue Reading

Who The “Employer” Is Or Is Not In An FLSA Case?

Posted in Working Time

A plaintiff raising FLSA claims must show that an employment relationship existed between himself and the putative employers, no matter their number.  Often, a plaintiff will name an individual supervisor or manager as a defendant, in addition to the company.  In the recent case of Montero v. The Brickman Group et al, a District of… 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 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. Department of Labor Has A “Beef” With Arby’s Calculation of Overtime Pay

Posted in Class Actions

Last week, the U.S. Department of Labor (“DOL”) announced that United States Beef Corp., doing business as Arby’s, has agreed to pay back wages in the amount of $55,838 based on their failure to properly calculate overtime.  This agreement came following an investigation by the DOL, which found that 255 Arby’s restaurants had failed to… 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

The United States Department of Labor Introduces iPhone Application To Track Employees’ Hours and Pay

Posted in Working Time

On May 9, 2011, the United States Department of Labor (“DOL”) announced the launch of an application for the iPhone and iPod Touch that will record the hours worked by employees and the wages they are owed.  The application will be available in English and Spanish and will allow users to record their regular work hours,… Continue Reading

Denial of Class Certification By Court Is Based On Need For Individual Assessment: The Key To The Defendant’s Success

Posted in Class Actions

A group of satellite television dish technicians suing for overtime under the Fair Labor Standards Act ("FLSA") have been denied class certification based on the court’s finding that there was not sufficient commonality among the class members, or, put differently, there was too much of a need for individual scrutiny.   The case is entitled Shim v. Echosphere,… Continue Reading

The Demise Of The DOL Opinion Letter

Posted in Exemptions

Recently, the United States Department of Labor (“DOL”) issued a white paper or a formal position statement on exemption issues in the financial services industry. I wrote about that in March, when it issued.  This was the first in a series of white papers that will replace the longstanding practice of the DOL responding to… Continue Reading

The Difficulty of Fitting Employees Into The Administrative Exemption Rears Its Head Again

Posted in Exemptions

The Second Circuit Court of Appeals has reversed a lower court and held that a regional director of advertising sales for the Elite Traveler magazine was non-exempt under the Fair Labor Standards Act. The Court rejected the contention that the employee fell within the administrative exemption. The case is entitled Reiseck v. Universal Communications of… Continue Reading

US DOL Finds 4000 Nurses at SSM Health Care Owed One Million Dollars Over Missed Lunches

Posted in Class Actions, Working Time

Under the Fair Labor Standards Act, there is no law requiring employees receive a lunch period or break times. However, when the employer gives time for lunch, the employees must receive at least thirty minutes and the time must be uninterrupted. Put differently, the employees must be completely relieved from duty. When employees are not… Continue Reading

The Employer Beats The Class To The Punch With A Dramatic Result!

Posted in Class Actions, Exemptions

In a ground-breaking decision, the Ninth Circuit Court of Appeals has set a path down for defendant-employers in Fair Labor Standards Act (“FLSA”) class actions that is breathtaking in its simplicity and conclusive effect. In Vinole v. Countrywide Home Loans, the Court ruled that an employer need not wait until the close of discovery (which… Continue Reading