I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer
Continue Reading Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action
My partner Glenn Grindlinger has written a thoughtful piece on the establishment of the new salary levels for the Part 541 white collar exemptions under the Fair Labor Standards Act.
Continue Reading USDOL Exemption Salary Level Becomes Final Shortly–We’ll See?
Under the FLSA, for training time to not be counted as working hours, there are specific conditions that must be met. If all four of these conditions are not met
Continue Reading Another Training Time Case Highlights The Issue Of “Compulsion.”
There are many exemptions under the Fair Labor Standards Act and an interesting one, one that does not get a lot of attention or “play” is the domestic worker exemption.
Continue Reading What Is A ‘Live-In’ Nanny For The FLSA Domestic Exemption? First Step-She Has To Live In The House
In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards
Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?
It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be.
Continue Reading What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In
I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance
Continue Reading The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that
Continue Reading Will These Working Time Call Center Cases Ever Stop? I Bet Not!
Plaintiff lawyers are always asserting that every single alleged wage hour violation is “willful” so when they start negotiating a settlement (or trying to) they always start from that position
Continue Reading In An FLSA Case, Just Because The Plaintiff Says It’s Willful Does Not Make It So!
In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it
Continue Reading Federal Preemption Defense In FLSA Lawsuit—Good Tactic!