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Category Archives: Wage-Hour

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Ugh. HR consultant hit for $1MM in unpaid overtime

Posted in Wage-Hour
No one is immune from wage-hour payouts. Not even a Human Resources consultant. California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267 employees. The payment is in settlement of a wage-hour investigation conducted by the San Francisco office of the U.S. Department of Labor. According to the DOL, TriNet… Continue Reading

Only in California: Standing up for sitting down

Posted in Only in California, Wage-Hour
NOTE FROM ROBIN: Welcome to our Los Angeles-Century City Office, and to Steve Katz, who will be posting from time to time about the most peculiar of California’s employment laws. California’s wage orders, which regulate working conditions for most industries and occupations, require that “[a]ll working employees shall be provided with suitable seats when the nature of… Continue Reading

SLAM DUNK: Student athletes’ wage suit against NCAA and universities is dismissed

Posted in Class actions, Wage-Hour
A federal judge in Indiana dismissed yesterday all that remained of a lawsuit filed by student athletes, alleging that they were “employees” and therefore entitled to the minimum wage under the Fair Labor Standards Act. Don Prophete, Jim Goh, and Steve Moore of Constangy, Brooks, Smith & Prophete, LLP, represented the NCAA and hundreds of… Continue Reading

$89K manager may not be FLSA-exempt, court rules

Posted in Wage-Hour
This is scary. You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act. Not necessarily. A federal judge in Maine ruled that Bottomline Technologies, Inc., a financial processing services company, will have to face a… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

It’s the 2015 workplace holiday party quiz!

Posted in Discrimination, Harassment, Independent Contractor, Off-Duty Conduct, Sexual Torts, Wage-Hour, Workers' Compensation
Chanukah starts at sundown this Sunday, and Christmas is only three short weeks away. Can you throw a workplace holiday party that won’t result in a lawsuit? It has been ages since we’ve had a quiz. Let’s do it! For more on this topic, please listen to the webinar on holiday parties that I did yesterday… Continue Reading

Because that’s where the money is?

Posted in Wage-Hour
To find out why there is so much wage-hour litigation, read my point-counterpoint interview with plaintiff’s attorney Fran Rudich, published in the November 25 edition of Bloomberg BNA’s FLSA Litigation Tracker. (Reproduced with permission from FLSA Litigation Tracker, 2015 FLLTR 6 (Nov. 25, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>) Thanks… Continue Reading

Overtime exemption rule now coming in July 2016?

Posted in Wage-Hour
NOTE FROM ROBIN: Ellen Kearns is head of our Boston Office and co-chair of the firm’s Wage-Hour Practice Group. The new overtime white-collar exemption rule will be issued approximately July 2016, according to the U.S. Department of Labor’s fall 2015 regulatory agenda, which the Office of Management and Budget published just before Thanksgiving. I had earlier… Continue Reading

DOL’s Home Care Rule goes live.

Posted in Wage-Hour
Yesterday the U.S. Department of Labor began enforcement of its Home-Care Rule, which prohibits third-party employers from taking advantage of the overtime exemption for some domestic workers. The rule also narrows the definition of exempt “companionship services” under the Fair Labor Standards Act. Ellen Kearns, co-chair of our firm’s Wage and Hour Practice Group, and I (mostly… Continue Reading

Jim Coleman: Twitter wage-hour hero

Posted in Social media, Wage-Hour
For a guy who doesn’t tweet, Jim Coleman – head of Constangy’s Metro Washington D.C. Office and co-chair of our Wage and Hour Practice Group – has suddenly become an awfully big Twitter celeb. (Or anyway, as big a Twitter celeb as employment lawyers ever become.) It all started last weekend, when I got a tweet… Continue Reading

Document review attorneys may not be exempt from OT, court says

Posted in Class actions, Lawyers!, Wage-Hour
Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday. Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually… Continue Reading

You’ve been warned – those independent contractors are probably employees

Posted in Independent Contractor, Wage-Hour
Are you still using “independent contractors”? Get out of here – you know they’re really employees! On Wednesday, I did a very short “breaking news” post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are “employees” versus “independent contractors” under the Fair Labor Standards Act. Here’s more. As employers probably expected, the U.S.… Continue Reading

BREAKING: DOL issues memo on independent contractors

Posted in Independent Contractor, Wage-Hour
Law360 reported this morning that the U.S. Department of Labor issued a memorandum addressing the “independent contractor versus employee” issue, taking the position that most workers are actually employees within the meaning of the Fair Labor Standards Act. We’ll have more on this after we’ve had an opportunity to review it in more depth. Meanwhile, here… Continue Reading

Proposed overtime rule has been sent to OMB

Posted in Wage-Hour
Secretary of Labor Thomas Perez announced today that the U.S. Department of Labor has submitted a proposed rule on the white-collar FLSA overtime exemptions to the federal Office of Management and Budget, which means that the proposed revisions to the overtime regulations could be made public before long. Although the specifics are not known at this time,… Continue Reading

EMPLOYMENT LAW BLOG CARNIVAL: April Fools’ Edition

Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour
(St. Patrick’s Day is sooooo nine hours ago!) Ever looking to the future, we celebrate the coming April Fools’ Day with this month’s greatest employment law blog posts. Some of my summaries are accurate, and others are “fools’ editions” – you’ll have to read the actual posts to know which is which. There are so many excellent posts… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

Year-end employment law roundup — happy 2015!

Posted in Americans with Disabilities Act, Class actions, Discrimination, eLaw, Family and Medical Leave Act, Harassment, Labor Relations, Retaliation, Wage-Hour
NOTE: On January 15, this post was updated and one correction made (see “Nipped in the bud” and “Jury clobbers Catholic diocese,” below).  Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially… Continue Reading

Christmas won’t be merry for these employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Employment Law Blog Carnival, Harassment, Labor Relations, Lactation, Pregnancy, Wage-Hour
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!  Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he… Continue Reading

5 legal traps for the wariest employer

Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:… Continue Reading

Planning your workplace holiday party? Read this first!

Posted in Discrimination, Harassment, Safety, Sexual Torts, Uncategorized, Violence, Wage-Hour
Yeah, yeah – I know it isn’t even Thanksgiving yet, but you are planning your holiday party now, and you want answers to your burning questions while you still have time to do something about it. And, as luck would have it, I presented a webinar on Wednesday with David Weisenfeld of XpertHR on “How… Continue Reading