I often settle FLSA actions, as do many other lawyers, defense and plaintiff. It makes sense for both sides, given the costs and uncertainties of litigation and the protracted time
Continue Reading Second Circuit Panel Sharply Questions Lawyers Regarding FLSA Settlements
U.S. Court of Appeals for the Second Circuit
Second Circuit’s Review of Position Description Determines Outcome in FLSA Outside Sales Class Action
By Mark Tabakman on
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…
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New Intern Test Announced By USDOL: Definitive Guidance?
By Mark Tabakman on
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…
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The FLSA And Arbitration
By Mark Tabakman on
I read an interesting post by Daniel Schwartz in the Connecticut Employment Law Blog. It concerned a recent Second Circuit decision that bodes well for employers in the never-ending…
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No Expert Fees Allowed in FLSA Case: A Great Start
By Mark Tabakman on
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…
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Second Circuit Reverses on Lawyer Professional Exemption Case: What in the World Is Happening?
By Mark Tabakman on
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…
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Interns Deemed Non-Employees By Second Circuit
By Mark Tabakman on
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…
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Who Is The “Employer” Under The FLSA: Second Circuit Addresses The Issue Of Individual Liability For The CEO Of Gristede’s
By Mark Tabakman on
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…
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Further Confusion — The Split in Authority Regarding the Exempt Status of Pharmaceutical Sales Representatives
By Fox Rothschild LLP on
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…
Continue Reading Further Confusion — The Split in Authority Regarding the Exempt Status of Pharmaceutical Sales Representatives
Joint Employer Finding Can Lead To Significant Liability Under The FLSA
By Mark Tabakman on
In a September 16, 2010 posting in the New York Labor & Employment Report, John Ho wrote about the issue of joint employer status under the Fair Labor Standards Act…
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