Seventh Circuit Upholds Pro-Employer Method of Overtime Calculation for Misclassified Employees

The Fair Labor Standards Act requires employers to pay non-exempt employees one and one half times their regular rate of pay for any hours worked in a workweek in excess of 40. United States Department of Labor regulations, as set forth in 29 C.F.R. § 778.114(a), allow an employer to utilize the fluctuating workweek (“FWW”) method … Continue reading Seventh Circuit Upholds Pro-Employer Method of Overtime Calculation for Misclassified Employees
August 6, 2010

Circuit Court Reiterates That State Wage and Hour Laws Need Not Mirror FLSA

As discussed here, the FLSA contains a provision relating to the compensability of time spent donning and doffing uniforms, when the compensability of such time is addressed in a collective bargaining agreement. 29 U.S.C. § 203(o). However, even where a unionized employer through a collective bargaining agreement is not required to pay for such time, if the … Continue reading Circuit Court Reiterates That State Wage and Hour Laws Need Not Mirror FLSA
August 5, 2010

Different Circuit, Different Result: Fifth Circuit Upholds Independent Contractor Classification Under FLSA

As discussed here, here and here, the issue of independent contractor classification under wage, unemployment, tax and other laws is omnipresent, continuing to arise in litigation and legislative reform. In a rare victory for employers in this regard, this week the Fifth Circuit Court of Appeals (encompassing Texas, Louisiana and Mississippi) affirmed a district court’s decision … Continue reading Different Circuit, Different Result: Fifth Circuit Upholds Independent Contractor Classification Under FLSA
July 30, 2010

New York State Appellate Court Reinforces Limitations on Exempt Employees’ Ability to Assert New York State Labor Law Claims

Like many states with state wage and hour laws, the New York Labor Law contains certain unique provisions. One such provision is Section 198-c, which addresses an employee’s right to recover “wage supplements” such as reimbursement for expenses, health, welfare and retirement benefits and vacation, separation or holiday pay.. Section 198-c expressly provides that its provisions shall not apply to any person in a bona fide executive, administrative, or … Continue reading New York State Appellate Court Reinforces Limitations on Exempt Employees’ Ability to Assert New York State Labor Law Claims
July 26, 2010

California Appeals Court Issues Pro-Employer Ruling Regarding Wage Statement Compliance

The surge of state wage and hour claims continues in California. Among the numerous California Labor Code provisions which has been the subject of repeated litigation is California Labor Code § 226(a) (“226”), which creates specific requirements concerning the content of employee wage statements. Included among its provisions is a requirement that wage statements indicate the “total … Continue reading California Appeals Court Issues Pro-Employer Ruling Regarding Wage Statement Compliance
July 23, 2010

Ninth Circuit Decision Highlights Concerns With Independent Contractor Classification

In a decision reiterating important independent contractor issues for employers, the Ninth Circuit Court of Appeals last week reversed a lower court decision holding that certain delivery drivers were properly classified as independent contractors under various provisions of the California Labor Code. Narayan v. EGL, Inc., 2010 U.S. App. LEXIS 14279 (9th Cir. July 13, 2010). … Continue reading Ninth Circuit Decision Highlights Concerns With Independent Contractor Classification
July 22, 2010

USDOL Issues Guidance On Employers’ Obligation to Provide Breaks to Nursing Mothers

As previously reported here, the recent Health Care Reform legislation includes a provision, which became effective immediately upon passage of the Act, requiring employers to provide breaks for employees to express milk for nursing children.  The USDOL issued a fact sheet this week explaining its view of an employer’s obligations under this enactment.  The highlights … Continue reading USDOL Issues Guidance On Employers’ Obligation to Provide Breaks to Nursing Mothers
July 20, 2010

Federal Court Upholds Collective Action Waiver in Arbitration Agreement

As the surge of wage and hour collective actions continues, one strategy utilized by employers to avoid such multi-plaintiff litigations is the use of arbitration agreements with class/collective action waivers.  In essence, such provisions mandate that an employee arbitrate any wage and hour and other (subject to certain limitations) disputes on an individual basis.   Arbitration … Continue reading Federal Court Upholds Collective Action Waiver in Arbitration Agreement
July 19, 2010

Federal Court Holds Federal Aviation Law Does Not Preempt Skycaps’ Claims For Gratuities Under Pennsylvania Law

  While a significant percentage of employees’ claims for gratuities emanates from the food service and hospitality industries, other industries, including Aviation, are not immune. Baggage handlers in Massachusetts, New York and Pennsylvania all have asserted claims challenging industry tip practices, alternatively alleging that the amounts paid by customers for curbside check-in are gratuities (which allegedly … Continue reading Federal Court Holds Federal Aviation Law Does Not Preempt Skycaps’ Claims For Gratuities Under Pennsylvania Law
July 16, 2010

Will Supreme Court Elect to Resolve Scope of Outside Sales and Administrative Exemptions?

In a much-awaited decision, earlier this week  the U.S. Court of Appeals for the Second Circuit reversed a New York District Court and held that pharmaceutical sales representatives are not exempt outside sales or administrative employees.  In re Novartis Wage & Hour Litig., No. 09-0437-cv, 2010 U.S. App. LEXIS 13708 (2d Cir. July 6, 2010). The … Continue reading Will Supreme Court Elect to Resolve Scope of Outside Sales and Administrative Exemptions?
July 9, 2010

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