Wage and HourBlog Posts
Two Circuit Courts Expansively Interpret The Administrative ExemptionThe applicability of the FLSA’s “administrative” exemption continues to be a primary issue in a significant percentage of the cases comprising the ongoing wave of wage and hour litigation. Recently, two appellate courts, the Courts of Appeals for the Seventh and Third Circuits, issued new opinions endorsing a broader interpretation of this exemption. In Verkuilen v. … Continue reading Two Circuit Courts Expansively Interpret The Administrative ExemptionJune 10, 2011 |
Connecticut District Court Upholds Collective Actions Waivers, Orders Individual ArbitrationsWhile courts continue to issue varied rulings regarding the appropriateness of collective action certification in FLSA litigations, employers continue to attempt to limit exposure to such broad allegations through several mechanisms. One of these strategies is inclusion of class/collective waiver provisions in arbitration, employment or separation agreements. Such provisions bar initiation and participation in class or collective … Continue reading Connecticut District Court Upholds Collective Actions Waivers, Orders Individual ArbitrationsJune 8, 2011 |
Appeals Court Finds Skycaps Claims For Misappropriated Tips Preempted by Federal LawAs we previously discussed, the airline industry, like the hospitality industry, has been assailed with lawsuits alleging that tips from customers intended for certain employees—in this case, baggage handlers, a/k/a skycaps—have been misappropriated by the employer, in violation of state statutes and common law. In the airline industry, conflicting authority has emerged even within the same … Continue reading Appeals Court Finds Skycaps Claims For Misappropriated Tips Preempted by Federal LawJune 3, 2011 |
Federal Court Finds Automatic Meal Break Deduction Alone Insufficient For Collective TreatmentAs previously discussed, the FLSA requires payment for all hours where an employer “suffers or permits” an employee to work. Compensable time can include time ostensibly designated for meal and other breaks if the employee in question is not completely relieved of duty and/or if the period is insufficient length. Aggrieved employees often allege that employers systemically … Continue reading Federal Court Finds Automatic Meal Break Deduction Alone Insufficient For Collective TreatmentMay 27, 2011 |
Sixth Circuit Court of Appeals Affirms Trial Ruling That Vocational Students Are Not “Employees” Under FLSAWhile it is understood that the FLSA applies to any “employee” employed by an “employer”, numerous courts have observed that this analysis does little to flesh who is an “employee”. In a recent appellate decision highlighting such difficulties, the Court of Appeals for the Sixth Circuit held students enrolled in a vocational training program at an … Continue reading Sixth Circuit Court of Appeals Affirms Trial Ruling That Vocational Students Are Not “Employees” Under FLSAMay 20, 2011 |
Illinois Federal Court Rejects Plaintiff’s Effort To Breath Life Into “Gap Time” Recovery Under FLSAThe ubiquity of class and collective action lawsuits under the FLSA and state wage and hour laws requires employers to remain ever vigilant with respect to their wage practices. The ferocity of the plaintiffs’ bar is such that even seemingly settled FLSA doctrine is subject to attack. Recently, a federal district court in Illinois rejected one such … Continue reading Illinois Federal Court Rejects Plaintiff’s Effort To Breath Life Into “Gap Time” Recovery Under FLSAMay 18, 2011 |
DOL Rolls Out iPhone Application to Track Employee Work HoursAs discussed at length on the Jackson Lewis web site here, the U.S. Department of Labor has announced the launch of its first free application for smartphones, releasing an “App” compatible with iPhone and iPod Touch (and available in English and Spanish), with which users can track regular work hours, break time and any overtime … Continue reading DOL Rolls Out iPhone Application to Track Employee Work HoursMay 13, 2011 |
Second Circuit Reinforces Non-Compensability of Commuting TimeAs previously discussed, a federal court in the Western District of New York issued several important rulings in an FLSA case brought by a retail specialist responsible for the stocking, pricing and display of Black & Decker products at six Home Depot stores. In an omnibus decision reviewing all of these district rulings, the Second Circuit … Continue reading Second Circuit Reinforces Non-Compensability of Commuting TimeMay 11, 2011 |
Florida Increases Minimum Wage to $7.31 To Keep Pace with Consumer Price IndexPer an announcement on the Florida Agency for Workforce Innovation’s web site, the state minimum wage will increase, effective June 1, 2011, to $7.31 per hour. Under the Florida Minimum Wage Act (which applies to all workers covered by the FLSA), the Agency is required to adjust the Florida minimum wage pursuant to a calculation based … Continue reading Florida Increases Minimum Wage to $7.31 To Keep Pace with Consumer Price IndexMay 4, 2011 |
USDOL Revises Tip Credit Regulations, Leaves Others UnchangedFollowing up on proposed regulations issued in 2008 for notice and comment, the U.S. Department of Labor issued final regulations last week, effective 30 days following publication in the Federal Register. These regulations address the issues below but other than in regard to use of the tip credit under Section 3(m), the changes to the text … Continue reading USDOL Revises Tip Credit Regulations, Leaves Others UnchangedApril 14, 2011 |