New York Labor And Employment Law Report

New York Labor And Employment Law Report

Tag Archives: Fair Labor Standards Act

When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Posted in New York Law, Wage and Hour
Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the employee will be paid (i.e., by the hour, shift, day, etc.), the regular payday, and information regarding… Continue Reading

D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations on the “Companionship Exemption” Under the FLSA

Posted in Wage and Hour
On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two decisions issued by the U.S. District Court for the District of Columbia that struck down those revisions.  The USDOL’s revised… Continue Reading

Second Circuit Sides With Employers in Two Cases Involving Unpaid Interns

Posted in Wage and Hour
In two recent cases decided on July 2, the Second Circuit Court of Appeals held that in many instances, unpaid interns may not necessarily be employees covered by the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  In both cases (Glatt v. Fox Searchlight Pictures and Wang v. The Hearst Corporation), plaintiffs who had… Continue Reading

U.S. Supreme Court Holds That DOL May Change Interpretations of Regulations Without Public Notice and Comment

Posted in Wage and Hour
On March 9, 2015, the United States Supreme Court ruled unanimously in two consolidated cases that a federal agency does not have to go through the formal rulemaking process, which includes providing public notice and an opportunity for comment, “when it wishes to issue a new interpretation of a regulation that deviates significantly from one the agency… Continue Reading

D.C. Court Strikes Down Two USDOL Regulations and Restores Full “Companionship Exemption” Under the FLSA

Posted in Wage and Hour
In a victory for Home Care employers, the U.S. District Court for the District of Columbia issued consecutive decisions which struck down two regulations issued by the U.S. Department of Labor (“USDOL”) that would have eviscerated the “companionship exemption” contained in the Fair Labor Standards Act (“FLSA”). The two USDOL regulations enacted in late 2013… Continue Reading

President Obama Directs Department of Labor to Modernize and Streamline FLSA Overtime Regulations

Posted in Wage and Hour
On March 13, 2014, President Obama issued a memorandum directing the Secretary of Labor to update and streamline the Fair Labor Standards Act (“FLSA”) overtime regulations.  In the memorandum, President Obama noted that the regulations regarding exemptions from the FLSA’s overtime requirements, particularly for executive, administrative and professional employees (the white-collar exemptions), are outdated and should… Continue Reading

Supreme Court Decides the Meaning of “Changing Clothes” Under the Fair Labor Standards Act

Posted in Wage and Hour
On January 27, 2014, the U.S. Supreme Court issued a unanimous decision clarifying the meaning of “changing clothes” under the Fair Labor Standards Act (“FLSA”).  In Sandifer v. United States Steel Corp., the Supreme Court adopted a fairly broad definition of the phrase “changing clothes,” which should provide employers with some comfort that provisions of a collective bargaining… Continue Reading

The U.S. Department of Labor Extends FLSA Protections to Most Home Care Workers

Posted in Wage and Hour
The U.S. Department of Labor recently issued a final rule which narrows the companionship exemption to the Fair Labor Standards Act (“FLSA”) and extends the FLSA’s minimum wage and overtime protections to most direct care workers who provide essential home care assistance for the elderly and individuals with illnesses, injuries, or disabilities.  The new rule will take… Continue Reading

Second Circuit Court of Appeals Holds That Class Action Waivers Are Enforceable Under the FLSA

Posted in Wage and Hour
On August 9, 2013, in Sutherland v. Ernst & Young LLP, the Second Circuit Court of Appeals ruled that the Fair Labor Standards Act (“FLSA”) does not prohibit the enforcement of a class action waiver in an arbitration agreement.  The Second Circuit determined that nothing in the FLSA could be construed to override the liberal policy… Continue Reading

Second Circuit Court of Appeals Holds That CEO Can Be Held Personally Liable for FLSA Violations

Posted in Wage and Hour
The Second Circuit Court of Appeals recently ruled that the Chairman and CEO of a corporate supermarket chain – Gristede’s Foods, Inc. (“Gristede’s”) – could be held personally liable for damages arising from Fair Labor Standards Act (“FLSA”) claims brought by employees of the supermarkets.  Specifically, the Second Circuit ruled that the Chairman and CEO –… Continue Reading

Fifth Circuit Finds Private Settlement of FLSA Claims Enforceable

Posted in Wage and Hour
It is commonly accepted by employment law practitioners that Fair Labor Standards Act settlements must be approved by the United States Department of Labor or court-supervised to be enforceable.  However, the U.S. Court of Appeals for the Fifth Circuit recently rejected this prevailing belief and upheld a private settlement on the grounds that it resolved a… Continue Reading

U.S. Supreme Court Affirms Exempt Status of Pharmaceutical Sales Representatives

Posted in Wage and Hour
On June 18, 2012, the U.S. Supreme Court affirmed a decision of the Ninth Circuit Court of Appeals finding that pharmaceutical sales representatives at GlaxoSmithKline fall within the outside sales exemption from the overtime pay requirements of the Fair Labor Standards Act ("FLSA").  As reported in a previous blog post, the Second Circuit Court of… Continue Reading

Supreme Court Declines to Review Court Decision Rejecting a Job Applicant’s FLSA Retaliation Claim

Posted in Retaliation, Wage and Hour
On February 21, 2012, the U.S. Supreme Court declined to review a Fourth Circuit Court of Appeals decision rejecting a job applicant’s retaliation claim filed under the Fair Labor Standards Act ("FLSA") against her prospective employer.  By declining to review the decision, the Supreme Court left undisturbed the Fourth Circuit’s ruling that job applicants are… Continue Reading