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As Wage Theft Rises, States And Cities Crack Down, AP Reports

Andrew Frisch wrote 2 hours ago: The AP reports that, “[a]cross the nation, the long-simmering problem of employers who don … more →

Tags: Minimum Wage, Wage and Hour News, wage theft, Fair Labor Standards Act, overtime law, state law, Unpaid wages, Wage and Hour

AT&T Socked With Wage And Hour Class Action Suits

James N. Markels wrote 18 hours ago: An article in The American Lawyer details new class-action lawsuits filed against AT&T for alleg … more →

Tags: Employment Law

E.D.Ky.: Time Spent Attending AA Meetings Not Compensable; Although Required By Employer, Attendance At Meetings Not Primarily For Employer's Benefit

Andrew Frisch wrote 2 days ago: Todd v. Lexington Fayette Urban County Government This case was before the Court on Defendant’ … more →

Tags: work time, aa meeting, Compensable Time, Fair Labor Standards Act, K.R.S. § 337.285, Kentucky Wage and Hour Law, Non-Compensable, overtime law, Primary Benefit

UPS Settles Class Action for $12.8 Million

Consumer Lawyer wrote 2 days ago: U.S. District Judge Phyllis Hamilton of the Northern District of California has approved the prelimi … more →

Tags: employee rights, Fair Labor Standards Act, overtime pay

Assistant Store Manager sues Ocean State Job Lot for overtime!

jtheriault wrote 2 days ago: On August 18, 2009, Omar Morrison filed a law suit against Ocean State Job Lot, Inc. and Ocean State … more →

Tags: Wage & Hour, Collective Action, ocean state job lot, Overtime

E.D.Tex.: Where Class Consists Of Over 1000 Plaintiffs, Court Limits Discovery To 91 Randomly Chosen Representative "Discovery Plaintiffs"

Andrew Frisch wrote 3 days ago: Nelson v. American Standard, Inc. Before the Court is Plaintiffs’ motion for entry of limited … more →

Tags: collective actions, Discovery, Collective Action, Discovery Plaintiffs, E.D.Tex., Fair Labor Standards Act, overtime law, Overtime Laws, Representative Discovery

H1N1 and FLSA, are your sick leave policies compliant?

ubpblogger wrote 3 days ago: When struck with a pandemic flu outbreak, many companies will do one of the following: Continue work … more →

Tags: h1n1, Massachusetts employee benefits

M.D.Pa.: Although Sovereign Immunity Bars FLSA Suit Against State Of Pennsylvania, State Official May Be Sued In His Official Capacity For Non-Monetary Declaratory Relief

Andrew Frisch wrote 3 days ago: Dino v. Pennsylvania Plaintiffs filed a collective action to enforce the provisions of the Fair Labo … more →

Tags: Pleadings, sovereign immunity, declaratory relief, Eleventh Amendment Immunity, Individual Capacity, official capacity, overtime law, Pennsylvania

S.D.Ind.: Pursuant to FRCP 9(b), Generalized Allegations Of Willfulness Sufficient To Survive Motion To Dismiss Relating To Statute Of Limitations

Andrew Frisch wrote 5 days ago: Bockler v. R.J. McGough & Associates, Inc. This cause is before the Court on the Defendant … more →

Tags: Pleadings, 29 U.S.C. § 255(a), 3 Year Statute of Limitations, FRCP 9(b), overtime law, "Rule 12(b)(6)", Statute of Limitations, willfulness

Wal-Mart Settles Employees' Class Action Over Wage & Hour Laws

Consumer Lawyer wrote 6 days ago: Retail giant Wal-Mart will pay $40 million to settle a class-action lawsuit that accused the chain o … more →

Tags: employee rights, overtime pay, unpaid overtime, Unpaid wages, Wal-Mart

N.D.Ill.: Idle Hours Are Compensable "Hours Worked" For Purposes Of Labor Management Relations Act (LMRA), Because Compensable Under FLSA

Andrew Frisch wrote 1 week ago: Laborers’ Pension Fund v. Eagle America Corp. Plaintiffs Laborers’ Pension Fund and Labo … more →

Tags: work time, CBA, Collective Bargaining Agreement, ERISA, Fair Labor Standards Act, hours worked, idle time, Labor-Management Relations Act, LMRA

Wal-Mart To Pay $40 Million To Massachusetts Workers For Off-the-Clock Work Claims, Boston Globe Reports

Andrew Frisch wrote 2 weeks ago: The Boston Globe is reporting that the United States’ largest retailer, Wal-Mart has agreed to … more →

Tags: Wage and Hour News, class-action, Collective Action, Massachusetts, Off the Clock, overtime law, unpaid overtime, Unpaid wages, Wage and Hour

S.D.Ohio: Hybrid Salary Plus Commissions Plan Violated FLSA, Because Commissions Did Not Comprise More Than 50% Of Wages; 7(i) Exemption Not Applicable

Andrew Frisch wrote 2 weeks ago: Keyes v. Car-X Auto Services This case was before the Court on Plaintiff’s Motion for Summary … more →

Tags: Commissions, exemptions, 29 U.S.C. § 207(i), 7i, Bona Fide Commission Plan, overtime law, Retail Business, Retail Exemption, Wage and Hour

Underwriters Entitled to Overtime, Says the Second Circuit!

jtheriault wrote 3 weeks ago: On Friday, November 20, 2009, the Second Circuit delivered an opinion holding that loan underwriters … more →

Tags: Wage & Hour, Overtime, Second Circuit

DOL offers Q&A on Workplace Pandemic Flu as it Relates to FLSA and FMLA

floridaemploymentlaw wrote 3 weeks ago: On November 6, 2009, the Department of Labor’s Wage and Hour Division published new guidance i … more →

Tags: Compliance, FMLA, Leave Policies, legislation, pending legislation, Wage & Hour

2d. Cir.: Mortgage Underwriters Not Subject To Administrative Exemption; Plaintiffs Are 'Production' Rather Than 'Administrative' Workers

Andrew Frisch wrote 3 weeks ago: Davis v. J.P. Morgan Chase & Co. Plaintiff, was employed as mortgage underwriter.  He brought th … more →

Tags: exemptions, Administrative Exemption, Adminstrative/Production Dichotomy, Directly Related To Management, Mortgage Underwriters, overtime law, Production Employees

N.D.Cal.: Damages In A Salary Misclassification Case Must Be Calculated At Time And A Half; Fluctuating Workweek Not Applicable Without "Clear Mutual Understanding" And/Or Contemporaneous Payments Of Overtime

Andrew Frisch wrote 4 weeks ago: Russell v. Wells Fargo and Co. This case was before the Court on the parties’ partial Cross Mo … more →

Tags: Damages, exemptions, § 778.114, Clear Mutual Understanding, Contemporaneous Payment, Fluctuating Workweek, N.D.Cal., overtime law, overtime pay

Despite Backlash, Florida To Remain FLSA Hotbed

Leigh Kamping-Carder wrote 4 weeks ago: Ah, Florida. The Land of Sunshine. Also home to the country’s most heavily trafficked court do … more →

Tags: Law360, Feature, Florida, Litigation

2d. Cir.: Employee Is Not Professionally Exempt Unless His Work Requires Knowledge Customarily Acquired After A Prolonged Course Of Specialized, Intellectual Instruction And Study

Andrew Frisch wrote 1 month ago: Young v. Cooper Cameron Corp. The U.S. District Court for the Southern District of New York held on … more →

Tags: exemptions, overtime law, Professional Exemption, Prolonged Course Of Specialized Intellectual Instructio, 29 C.F.R. § 541.301, Second Circuit, Product Design Specialist, no advanced degree


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