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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: overtime

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

Another Call Center Case Focuses On Off The Clock Working Time

Posted in Class Actions, Working Time

I have written many times about class actions for claimed working time and the great danger of these “subtle” kinds of violations that then explode on the employer.  Call centers gave been especially hard hit with this new wave of collective actions.  Another example.  A class of customer service representatives has been conditionally certified in… Continue Reading

When Is An “Intern” An Employee Under The FLSA?

Posted in Class Actions

Nowadays, an intern is a good thing to be.  The young person gets some experience for a resume and the “employer” gains some productive work accomplished as part of furthering the person’s education.  When the line is crossed and the issue becomes money, not getting “experience,” the putative employer must be able to defend its… Continue Reading

Lessons To Be Learned From Another Successful Defense Of An Assistant Manager Class Action

Posted in Class Actions

I have written several times about Assistant Manager class actions being quite difficult to defend because these employees often perform a great deal of “subordinate” type work, making the issue of “primary duty” a tricky one.  In a recent class action involving these employees, a federal judge has denied a motion for conditional certification (which… Continue Reading

Seventh Circuit Affirms That “Suffering or Permitting” Employees To Work Means The Employer Must Know Of The Work

Posted in Working Time

I am always counseling clients to have very good and strict time reporting systems so that employees cannot claim they performed work and want to be compensated for it.  I also caution clients that if they “see” employees working or “hear” about it, they have an obligation to make them stop or to pay them…. Continue Reading

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

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