I have been following the protracted saga developing in the Second Circuit concerning whether interns are employees. Recently, this Circuit overturned a lower court decision that granted conditional certification to
Continue Reading Interns Deemed Non-Employees By Second Circuit
Minimum Wage
Settlement Agreements in FLSA Cases Must Pass Judicial Scrutiny
By Fox Rothschild LLP on
It is no secret that most FLSA class action lawsuits settle. The costs of litigation, the fee shifting nature of the statute, plus the fact that oftentimes the merits/defenses are…
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Proposed Big Hike In New York Minimum Wage Would Have Untoward Effects
By Fox Rothschild LLP on
I posted last week on the issue of raising the minimum wage for tipped workers in New Jersey, but that State is not alone in these efforts. There are a…
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Proposed Rule Change By the Department of Labor Could Negatively Affect The Elderly and Disabled
By Fox Rothschild LLP on
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…
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Household Cleaners and Maids Protected By the Fair Labor Standards Act
By Fox Rothschild LLP on
In a matter of first impression, the Northern District of Illinois determined that maids and house cleaners employed by third parties are protected by the Fair Labor Standards Act (“FLSA”). …
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New Jersey Moving Towards Heightened Penalties For Wage and Hour Violations
By Fox Rothschild LLP on
The New Jersey Assembly Budget Committee has approved legislation to enhance penalties and sanctions against employers who illegally withhold wages and benefits from employees. The proposed legislation sets forth increased…
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Why Employers Should Be Wary About Deducting Housing Costs From Employees’ Pay
By Fox Rothschild LLP on
The U.S. Department of Labor (“DOL”) has recovered $213,000 in back wages for 1,028 foreign students who were employed at a plant owned by Hershey Co. The foreign students were…
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Another Working Time Case: Whether On Land Or Sea, The Time Must Still Be Paid!
By Fox Rothschild LLP on
The issue of claims for alleged working time is on a disturbing trend upwards. There seems to be no end to the frequency and variety of these claims. Although the…
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Pizza Drivers Allegedly Shorted On Gas Money File Collective Action
By Fox Rothschild LLP on
A class of former Domino’s Pizza LLC delivery drivers has succeeded in gaining conditional collective action certification in a Fair Labor Standards Act lawsuit in which they allege that the…
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Unpaid Internships May Be A Problem: Are They Employees Or Not?
By Fox Rothschild LLP on
There is a fine line oftentimes between who is and who is not an employee. This premise especially applies to the issue of “interns.” As summer approaches, and as jobs…
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