Wage and HourBlog Posts
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 |
SDNY Judge Holds That Express Language In Offer Letter Precludes Bonus ClaimsWhile in New York all employees are at-will absent contractual language to the contrary, an employer may (intentionally or unintentionally) create a “contract” with an employee governing certain terms of employment (such as bonus compensation) without destroying the at-will nature of employment. Properly drafted and agreed upon, such a contract can preclude employees from later … Continue reading SDNY Judge Holds That Express Language In Offer Letter Precludes Bonus ClaimsMarch 30, 2010 |
NYC Revisits Paid Sick LeaveNYC Manhattan "paid sick leave" "Earned Paid Sick Leave Act" "new york city law" "new york city sick leave" "new york city paid time off"March 29, 2010 |
New Federal Law Requires Break for BreastfeedingOn March 23, President Obama signed a bill which amended the FLSA to require most covered employers to provide breaks to mothers for the purposes of breastfeeding (as well as furnish private space for them to do so). While the new law does not require that nursing mothers be paid for such break time, state law may. … Continue reading New Federal Law Requires Break for BreastfeedingMarch 25, 2010 |
USDOL Issues Interpretation Reversing Prior Position As To Potential Application Of Administrative Exemption to Mortgage Loan OfficersOn March 24, 2010, Nancy J. Leppink, the Deputy Administrator for the Wage and Hour Division of the United States Department of Labor, issued an “Administrator’s Interpretation” stating that employees who perform the typical job duties of a mortgage loan officer generally do not meet the prerequisites for the administrative exemption under the FLSA. The issuance … Continue reading USDOL Issues Interpretation Reversing Prior Position As To Potential Application Of Administrative Exemption to Mortgage Loan OfficersMarch 25, 2010 |
Supreme Court To Decide Whether Internal Verbal Complaints About Alleged Unpaid Wages Constitute Protected Activity Exposing Employers To Retaliation ClaimsThe Supreme Court, on March 22, 2010, agreed to answer a question that has divided the circuit courts of appeal—whether the FLSA retaliation provision protects verbal complaints made by employees or only written ones. The Court will review the Seventh Circuit’s decision in Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 834 (7th Cir. 2009), where … Continue reading Supreme Court To Decide Whether Internal Verbal Complaints About Alleged Unpaid Wages Constitute Protected Activity Exposing Employers To Retaliation ClaimsMarch 24, 2010 |
The Fine Line: What Can You Say To Potential Class Members After The Company Is SuedIn 1981, the Supreme Court issued general guidance as to what an employer can say to “putative class members” In doing so, the Court explained that the judiciary has the power to control communications See generally Gulf Oil v. Bernard, 452 U.S. 89 (1981) (holding a district court has both the “duty and broad authority to exercise … Continue reading The Fine Line: What Can You Say To Potential Class Members After The Company Is SuedMarch 23, 2010 |
New Federal Posting Requirement for Employers With H-2A WorkersEffective March 15, 2001, employers who employ H-2A workers must display a new H-2A poster where employees can readily see it. The poster is also available in Spanish. The poster can be accessed through the links in the prior sentences. Full information regarding federal posting requirements related to the workplace is available via this link … Continue reading New Federal Posting Requirement for Employers With H-2A WorkersMarch 19, 2010 |