No Private Right of Action for Employer’s Violation of Breastfeeding Law
One part of the recently upheld Patient Protection and Affordable Care Act provides that employers must provide “a place, other than a bathroom, that is shielded from view and free from instruction...
View ArticleMulti-state Employers Beware of State Wage Laws
This week’s decision [pdf] from a Pennsylvania district court invalidating the FLSA fluctuating work week method under Pennsylvania wage law serves a good reminder to multi-state employers that just...
View ArticleUS Appeals Court Says Collective Action Waiver in Separation Agreement...
As we’ve reported here and here, recent decisions from the US Supreme Court, federal appellate courts, and more recently, even the California Supreme Court (see here) have clarified that class and...
View ArticleNinth Circuit Says Plaintiffs Now Have to Plead Specific Facts Supporting...
On November 12, 2014, the Ninth Circuit addressed an issue of first impression regarding the pleading specificity required to bring an action for unpaid minimum wages and overtime wages under the Fair...
View ArticleEmployees of New York City Strip Club Dance Off With $10M
On November 14, 2014, a New York federal judge awarded [pdf] over $10 million in back pay wages to about 2,000 current and former exotic dancers in a class action lawsuit brought against Rick’s Cabaret...
View ArticleThe Wait Is Over: The Proposed FLSA Overtime Changes Are Out!
For those (like me!) anxiously awaiting the Department of Labor’s (DOL) proposed overhaul of the exemptions to the Fair Labor Standards Act (FLSA), the wait is over. The proposed rule [pdf] is now...
View ArticleFifth Circuit Slams Department of Labor For Botched Investigation and Bad...
Court Orders DOL to Pay Employer’s Attorneys’ Fees in Agency’s Bungled Misclassification Prosecution Nearly 239 years after the Continental Congress declared a set of self-evident truths paving the way...
View ArticleUnpaid Intern or Employee? Recent Decision Announces New Test for Intern...
Second Circuit Court of Appeals Adopts New Test for Determining Whether Unpaid Interns Should Be Classified and Paid as Employees Unpaid internship programs have come under heightened scrutiny in...
View ArticleAfter Further Review… No Overtime for New York Contract Attorneys Engaged in...
The latest chapter in a series of lawsuits filed by temporary contract attorneys against their employing law firms was written by Judge Ronnie Abrams of the United States District Court for the...
View ArticleDepartment of Labor Joins the Joint Employer Discussion
On Wednesday, January 20, the U.S. Department of Labor (DOL) issued an administrator’s interpretation [pdf] that includes guidelines for when companies should be considered “joint employers” under the...
View Article9th Circuit Tips its Cap to the DOL – Upholds 2011 DOL Rule that Restricts...
A three-judge Ninth Circuit panel upheld a 2011 Department of Labor (DOL) rule barring employers from including employees in tip pools who do not customarily and regularly receive tips. The split Ninth...
View ArticleDistrict Judge Rejects Claim by NCAA Student-Athletes – Determines...
The month of March is synonymous with spring, new beginnings, and St. Patrick’s Day. In the world of sports, it’s synonymous with March Madness: the three-week period where student-athletes from...
View ArticleInching Closer to the Effective Date of the FLSA Overtime Changes!
On March 15, 2016, the U.S. Department of Labor (“DOL”) sent the White House’s Office of Management and Budget (“OMB”) its final rule expanding the Fair Labor Standards Act’s (“FLSA”) overtime pay...
View ArticleReminder to U.S. Employers to Update FLSA Posters
The U.S. Department of Labor (DOL) has updated its poster for “Employee Rights Under the Fair Labor Standards Act.” The new poster adds information on lactation breaks and worker (mis)classification....
View ArticleEmployees of New York City Strip Club Dance Off With $10M
On November 14, 2014, a New York federal judge awarded over $10 million in back pay wages to about 2,000 current and former exotic dancers in a class action lawsuit brought against Rick’s Cabaret for...
View ArticleThe Wait Is Over: The Proposed FLSA Overtime Changes Are Out!
For those (like me!) anxiously awaiting the Department of Labor’s (DOL) proposed overhaul of the exemptions to the Fair Labor Standards Act (FLSA), the wait is over. The proposed rule is now available...
View ArticleFifth Circuit Slams Department of Labor For Botched Investigation and Bad...
Court Orders DOL to Pay Employer’s Attorneys’ Fees in Agency’s Bungled Misclassification Prosecution Nearly 239 years after the Continental Congress declared a set of self-evident truths paving the way...
View ArticleUnpaid Intern or Employee? Recent Decision Announces New Test for Intern...
Second Circuit Court of Appeals Adopts New Test for Determining Whether Unpaid Interns Should Be Classified and Paid as Employees Unpaid internship programs have come under heightened scrutiny in...
View ArticleAfter Further Review… No Overtime for New York Contract Attorneys Engaged in...
The latest chapter in a series of lawsuits filed by temporary contract attorneys against their employing law firms was written by Judge Ronnie Abrams of the United States District Court for the...
View ArticleDepartment of Labor Joins the Joint Employer Discussion
On Wednesday, January 20, the U.S. Department of Labor (DOL) issued an administrator’s interpretation [pdf] that includes guidelines for when companies should be considered “joint employers” under the...
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