On September 22, 2020, the United States Department of Labor (DOL) released a long-awaited proposed rule (the “Proposed Rule”) providing guidance for determining employee versus independent contractor status under the Fair...more
On March 7, 2019, the United States Department of Labor (“USDOL”) issued its long-awaited proposed rule that would increase the minimum salary threshold to qualify for exemption from the overtime provisions of the Fair Labor...more
3/11/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more
4/11/2017
/ Apprenticeships ,
Chipotle Grill ,
Class Action ,
Class Certification ,
Collective Actions ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fast-Food Industry ,
Job Duties ,
Misclassification ,
Restaurant Industry ,
Unpaid Overtime ,
Wage and Hour
On July 9, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Torres et al. v. Gristedes Operating Corp. et al., Case No. 11-4035, affirming the Southern District of New York’s imposition of...more