On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an
Continue Reading United States Supreme Court Weighs Evidentiary Standard in FLSA Exemption CasesNew Jersey Supreme Court Sets The Law Right On Statute of Limitations
The New Jersey Supreme Court just fixed a huge hole in New Jersey jurisprudence regarding the appropriate statute of limitations enacted into law by the Wage Theft Act of 2019.
Continue Reading New Jersey Supreme Court Sets The Law Right On Statute of LimitationsWhat Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs In
I am always interested in cases that analyze what payments should and should not be included in the regular rate. These issues are important to employers because their overtime liability/exposure
Continue Reading What Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs InChange Of Hours Has FLSA Implications For Overtime
Now that the clocks have changed for the ending of Daylight Savings Time (DST) there may be overtime implications for employers, especially for those employees who work graveyard or overnight
Continue Reading Change Of Hours Has FLSA Implications For OvertimeEmployees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?
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?The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For Employers
I read an interesting article by Linda Bond Edwards from Rumberger Kirk which addressed the issue of paying employees a “salary” in exempt and non-exempt scenarios. The article brings up
Continue Reading The Term “Salary” Means Different Things For Different Employee Classifications—A Source Of Confusion For EmployersNew Proposed FLSA Salary Threshold Just A Starting Point
Sharing my colleague Glenn Grindlinger’s recent alert on the DOL’s proposal to increase salary thresholds for determining when an employee is exempt from overtime. Employers take note, this could mean
Continue Reading New Proposed FLSA Salary Threshold Just A Starting PointThe “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!
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!The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) Point
I read an interesting blog post by Seyfarth Shaw on a working time case in a call center. I have often blogged about working time cases, preliminary/postliminary cases, and have
Continue Reading The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) PointThe Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model
The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily as a
Continue Reading The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model