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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: overtime

“Suffer or Permit” Case Again Shows Danger Of Implicitly Requiring Overtime

Posted in Overtime Issues

I have often warned clients that simply having a policy against working unauthorized overtime does not immunize an employer against a successful lawsuit claiming payment for off-the-clock work.  A recent case (yet again) proves this maxim. An appellate court has now held that a group of nurses working for the US Department of Veterans Affairs… Continue Reading

Skadden Case on Lawyer Overtime/Exempt Status Argued Before Second Circuit

Posted in Class Actions, Exemptions, Overtime Issues

I have been following this protracted saga for some time and there is another chapter now being written.  The law firm of Skadden Arps is being sued in a Fair Labor Standards Act collective action by lawyers claiming they were not doing legal work because all they did was document review.  In argument before the… 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

Arbitration of Overtime Claim Against Exxon Ordered Because Contract Interpretation Necessary

Posted in Overtime Issues

Arbitrate or litigate? Like everything else in the law, it depends… Whether a claim for overtime should be arbitrated rather than fought out in court depends on whether the claim necessitates examination and interpretation of the labor contract. Under well-established legal principles, workers have an independent right to sue in court, rather than arbitrate, but… Continue Reading

When Is It Time For A Wage Hour Audit? Answer—Now!

Posted in Uncategorized

Better safe than sorry is the old adage.  Nowhere is this maxim more applicable than for an employer’s compensation practices, especially on issues of classification, working time, and record keeping protocols and obligations. In the last several years, there has been an escalation of wage hour lawsuits, single and class action.  These cases can be… Continue Reading

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

Compensatory Time Is Only For Exempt Employees, As Law Firm Class Action Settlement Illustrates

Posted in Class Actions, Exemptions

Under the new FLSA rules (August 2004), exempt employees who work beyond forty hours or whatever their “regular week” is deemed to be may be given compensatory time, although there is no legal requirement to do so.  Non-exempt workers, however, must receive overtime in wage form and cannot be granted compensatory time, except under very… Continue Reading

The Northern District of Alabama Finds That Mercedes’ Employees Are Too Well Paid to Sue for Overtime

Posted in Class Actions

On Monday, the Northern District of Alabama dismissed sixteen (16) individuals from a federal overtime lawsuit against Mercedes-Benz International Inc. (“Mercedes”) due to their status as “highly compensated” employees.  The Court determined that these individuals were exempt from overtime because they earned more than $100,000 per year and performed “office on non-manual work.”  The case… Continue Reading

An Employee’s Immigration Status Is Irrelevant To A Claim Under the Fair Labor Standards Act

Posted in Class Actions

I have been asked on several occasions whether illegal aliens, or unauthorized immigrants, can sue for unpaid wages under the Fair Labor Standards Act (“FLSA”).  Employers are typically shocked when I tell them that the FLSA covers all workers, regardless of their immigration status. The Southern District of New York, in a recent ruling, not… 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