U.S. Court of Appeals for the Second Circuit

This is an interesting case.  A class action that was denied certification, appealed to the Second Circuit, which reversed because the lower court did not properly interpret the job description on the key issue of duties qualifying for the employer to claim the protection of the Part 541 exemptions.  The employees were salesmen and installation

I have blogged many times about the rash of intern cases that have popped up over the last few years. Now maybe there will be a consistent, uniform test for determining whether interns are really statutory “employees.” The US Department of Labor has endorsed such a test. The agency is approving the so-called “primary beneficiary”

When I defend a FLSA case, the plaintiff’s attorney always seems to want to hire an expert on “damages” or actually does hire such an expert.  I usually am dumbfounded by that because I ask myself (and plaintiff’s counsel) why is there a need for an expert when “it’s just math” and no arcane or

I have blogged about this matter several times, all the while applauding the lower court decision and employer’s legal position in the case, as I believed what these temporary lawyers were doing did constitute the practice of law.  The Second Circuit has now disagreed.   The Court has ruled that document review work does not

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 an intern (and the putative class) alleging that they were statutory employees. That case is entitled Glatt et al. v. Fox Searchlight Pictures Inc.  Concomitantly,

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

In early January, I posted an entry regarding the exempt status of pharmaceutical sales representatives. In the past several months, there have been several significant developments with respect to this issue.

On February 14, 2011, the Ninth Circuit affirmed the District of Arizona’s ruling in Christopher, et al. v. SmithKline Beecham Corp., that a