Short of a successful (but highly unlikely) appeal, the Obama-era overtime rule is now officially no longer. That rule would have required employers to pay employees a little more than $47,000 annually to qualify under one of...more
9/1/2017
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
As all HR professionals and employment lawyers know (even those currently living under rocks), the Department of Labor’s final overtime rule is scheduled to go into effect on December 1, 2016 – less than two weeks from now. ...more
An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more
1/23/2016
/ Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Fair Labor Standards Act (FLSA) ,
Injunctions ,
Mootness ,
Offer of Judgment ,
Rule 68 ,
SCOTUS ,
Settlement Offer ,
TCPA
Non-disparagement provisions are commonplace in today’s settlement and separation agreements, with employers often seeking the broadest protection against disparagement. A recent decision from a New York federal court,...more
A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more
10/6/2015
/ Companionship Exemptions ,
Department of Labor (DOL) ,
Domestic Workers ,
Employee Rights ,
Employer Liability Issues ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Home Health Agencies ,
Home Healthcare Workers ,
Minimum Wage ,
Over-Time ,
Third-Party ,
Wage and Hour
The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below.
Gomez: The Effect of Rule 68...more
6/29/2015
/ Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
Fair Labor Standards Act (FLSA) ,
Genesis Healthcare Corp. v. Symczyk ,
Offer of Judgment ,
Rule 68 ,
SCOTUS ,
TCPA ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour
In what appears to be a sign of things to come, a federal court in New York recently approved the use of social media to notify potential class members who were more likely to be reached that way rather than by more...more
Employers do not have to pay their employees to attend mandatory alcohol counseling and treatment sessions, according to a New York Federal court. In reaching its decision, the court concluded that employee attendance at...more