On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard. In so doing,...more
1/17/2025
/ Appeals ,
Employee Rights ,
Employment Litigation ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Misclassification ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Wage and Hour
Nearly a decade ago, the U.S. Court of Appeals for the Second Circuit issued three decisions clarifying and tightening the standard for asserting plausible overtime claims under the Fair Labor Standards Act (FLSA) in the...more
11/1/2023
/ Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Over-Time ,
Pleading Standards ,
Unpaid Wages ,
Wage and Hour
In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage...more
Governor Andrew Cuomo signed a bill (S858) that amends the New York Labor Law to make it easier for employees to bring claims against their employers for alleged unpaid and/or owed wages. The legislation, titled the “No Wage...more
As a result of a new appellate court decision, New York employers may now face liquidated damages for failing to pay employees as frequently as required by the New York Labor Law. ...more
9/12/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Labor Regulations ,
Liquidated Damages ,
NYDOL ,
Payment Schedules ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour