Often, when a class of workers petitions for conditional certification in FLSA collective action, and such certification is granted, it usually is for the entire class being asked for. Sometimes it is not and when that happens, it is “news.” That has happened in a recent Pennsylvania case where the proposed class was more than
Renaissance of USDOL Opinion Letters Is An Encouraging Development
Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours
I have blogged about and have long been concerned about working time issues and what constitutes compensable work hours. One of the thorniest of these issues is on-call time and when, if at all, on-call hours become working time. A recent case throws light on this issue, as a Court has held that an
More Law Firms Hit With FLSA Misclassification Claims: A Cautionary Tale
I have written a number of times about law firms that have been sued in FLSA actions. Another example. Employees have sued two Florida personal injury law firms, alleging that they were misclassified and not properly paid proper overtime wages in violation of the Fair Labor Standards Act. In fact, there are two class actions
Bank Files Cert Petition to US Supreme Court On Administrative Exemption: The Neverendng Story
There have been so many cases involving employees in the financial services industries and their exempt status or lack thereof. In another variation on this theme, Provident Savings Bank is seeking review by the US Supreme Court of a Ninth Circuit decision that gave new life to allegations that its mortgage underwriters are non-exempt and
Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?
It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to be completely right, or totally wrong. Either the class of workers (especially if the exemption at issue is professional or administrative) will meet the regulatory
New Jersey Federal Court Finds Financial Advisers Exempt as Administrative Employees: A Trend?
Corinne Burzichelli writes:
The issue of the exempt status of financial services employees has been explored in numerous cases for many years and in different parts of the country. Now, there is a new chapter to add to this saga. On February 28, 2017, Judge William J. Martini granted Morgan Stanley Smith Barney LLC’s motion
Business Groups Want Fast Hearing On DOL Changes: Hope They Get It!
I blogged about this a short time ago. More than fifty (50) business groups requested that a US District Court Judge render a fast decision in the case involving the constitutionality of the USDOL’s new overtime regulations, i.e. the doubling of the salary threshold. The case is entitled Plano Chamber of Commerce et al. v.
Lawsuits Filed In Effort To Stop New FLSA Salary Levels: An Exercise in Futility?
For the last several months, I have been talking to and advising clients on strategies to deal with the advent of the new FLSA salary regulations, i.e. the $913 per week commencing December 1, 2016. Maybe all that was for naught? This is because more than fifty business groups and twenty-one (21) States have filed
House Committee Hears Doomsday Predictions on Impact of New FLSA Rules
Now that the new DOL exemption rules have issued, commentators have had time to reflect on what these changes may mean for business. A few days ago, a House of Representatives committee heard that the new rules will hinder the ability of businesses to offer flexibility and advancement to newly overtime-eligible workers. To the contrary,