Wage and HourBlog Posts
Federal Court Rejects Application of Professional Exemption to CaseworkersIn yet another wage-and-hour decision with the potential to disrupt longstanding practices within an industry, a federal court in Florida has ruled that the FLSA’s “learned professional” exemption does not apply to a group of caseworkers providing child protection services for an state-authorized agency. Talbott, et al v. Lakeview Center, 06-cv-378 (N.D. Fla. February 2, 2010). The … Continue reading Federal Court Rejects Application of Professional Exemption to CaseworkersApril 14, 2010 |
California DLSE Modifies Its Standard For Legality of Unpaid InternshipsSubsequent to our post of April 6, the California DLSE issued a lengthy new opinion letter regarding trainees, available here. In it, the Division upholds the uncompensated “intern” status of participants in the Year Up program, a program in which a not-for-profit places 18-24 year olds in underserved communities to develop marketable skills in the information … Continue reading California DLSE Modifies Its Standard For Legality of Unpaid InternshipsApril 12, 2010 |
A Reminder Of The Importance Of Salary Basis ComplianceOften when analyzing whether a position is exempt, we only focus on whether the job duties are sufficient for exempt status. However, in most instances, there is a second requirement: compliance with the salary basis test. A recent decision issued by Judge Larimer of the Western District of New York is a reminder to not overlook … Continue reading A Reminder Of The Importance Of Salary Basis ComplianceApril 12, 2010 |
Can I Reject An Applicant Because She Sued Another Business Under the FLSA?In today’s world, it is not overly difficult for a prospective employer to learn that an applicant has sued a prior employer under the FLSA. Can the prospective employer decide not to hire based on this information? In Dellinger v. Sci. Applications Int’l Corp., 2010 U.S. Dist. LEXIS 32861 (E.D. Va. Apr. 2, 2010), Judge Cacheris … Continue reading Can I Reject An Applicant Because She Sued Another Business Under the FLSA?April 8, 2010 |
Another New York Federal Court Compels Arbitration of Individual ClaimsIn the Second Circuit, employees generally can waive their right to bring a class or collective action as long as the cost of arbitrating the case on an individual basis is not cost-prohibitive and does not “remov[e] the plaintiff’s only reasonably feasible means of recovery.” See In Re American Express Merchants’ Litigation, 554 F.3d 300 … Continue reading Another New York Federal Court Compels Arbitration of Individual ClaimsApril 7, 2010 |
We Don’t Have To Pay Our Interns – Do We?For years, students and recent graduates have accepted internships with employers to gain work and practical experience. Many, if not most, employers have treated and continue to treat these internships as “unpaid.” What’s more, in many industries (including film and advertising) this practice is an institutional rite of passage – part of “dues paying”. Recent actions … Continue reading We Don’t Have To Pay Our Interns – Do We?April 6, 2010 |
Supreme Court Expands Relief Available in New York State Law Class Actions Filed In Federal CourtThe Supreme Court dealt a blow to New York wage-and-hour defendants sued in federal court last week, overruling established precedent requiring plaintiffs bringing New York Labor Law (“Labor Law”) class actions in federal court to waive the 25% liquidated damages “penalty” in order to proceed on a class basis. In Shady Grove Orthopedic Assocs., P.A. … Continue reading Supreme Court Expands Relief Available in New York State Law Class Actions Filed In Federal CourtApril 5, 2010 |
New York District Court Holds Decision to Reclassify Is Not Evidence Employee was MisclassifiedThere are many reasons an employer may decide to reclassify an employee from exempt to non-exempt: changes in the law; modified court or DOL interpretations of existing law; as a result of an internal audit; or, simply based on changes in the business needs of the company. Does that decision to reclassify create evidence that the … Continue reading New York District Court Holds Decision to Reclassify Is Not Evidence Employee was MisclassifiedApril 5, 2010 |
DOL Initiates “We Can Help” Campaign Aimed at Increasing EnforcementYesterday the United States Department of Labor (DOL) gave another indication that it is preparing to ramp up enforcement efforts, in the form of its We Can Help campaign. We Can Help is designed to educate workers about their rights under the Fair Labor Standards Act. The campaign includes, among other features, a separate website with links … Continue reading DOL Initiates “We Can Help” Campaign Aimed at Increasing EnforcementApril 2, 2010 |
Lojack Revisited: Commuting Time Can Be (Surprise) Compensable Under California LawThe Ninth Circuit recently revised and reissued its earlier opinion in Rutti v. Lojack Corp., No. 07-56599 (9th Cir. Mar. 2, 2010), holding upon further review that the Plaintiff’s commuting time is compensable under California law, while continuing to find that such time is not compensable under the FLSA. The Court did not change its … Continue reading Lojack Revisited: Commuting Time Can Be (Surprise) Compensable Under California LawMarch 30, 2010 |