As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or $47,476 per year). Avid wage and hour practitioners in New York have been waiting to … Continue Reading
Authored by Alex Passantino
Seyfarth Synopsis: Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas.
The first lawsuit, citing (among other things) the severe impact the impending salary increase will have on state and local government budgets, was filed by the Attorneys General of Nevada, Texas, and 19 other … Continue Reading
Authored by Rob Whitman
Seyfarth Synopsis: Unpaid interns for Hearst magazines have been rebuffed again in their effort to be declared eligible to receive wages under the FLSA and the New York Labor Law.
Authored by Abigail Cahak
Seyfarth Synopsis: The Supreme Court dealt a blow to the Department of Labor’s rulemaking procedures, criticizing the agency for explicitly changing its long-standing treatment of automobile service advisors as overtime exempt while saying “almost nothing” regarding the reasons for the abrupt change.
This week, the Supreme Court dealt a blow to the Department of Labor’s rulemaking … Continue Reading
The Department of Labor’s release of the new exemption regulations appears imminent. As we have reported in a number of posts, these new rules are expected to nearly double the minimum annual salary level required for employees under the administrative, executive, and professional exemptions (currently $23,660 to between … Continue Reading
Authored by Hillary J. Massey
Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class certification of such claims because the plaintiffs failed to show that common issues predominated. The court, pointing to other decisions denying … Continue Reading
A federal judge has sided with Gawker in the media company’s legal battle with a former unpaid intern who claimed that he should have been compensated as an employee. On March 29th, Judge Alison Nathan in the Southern District of New York granted Gawker’s motion for summary judgment and … Continue Reading
The demise of bank loan underwriters’ exempt status has been greatly exaggerated—at least according to a recent Sixth Circuit decision upholding the dismissal of a putative collective action against Huntington Bank. The court disagreed with underwriters who alleged that they were improperly classified as exempt and thereby wrongfully denied overtime pay. Instead, … Continue Reading
Spring is around the corner, with summer not far behind, so thoughts naturally turn to the obvious topic: internships.
Although the volume of new lawsuits by unpaid interns challenging their status has abated significantly since the Second Circuit issued its decision in July 2015 announcing a new legal standard and rejecting the Department … Continue Reading
The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling service solutions to the dealership’s customers—are exempt from the Fair Labor Standard Act’s (“FLSA”) overtime pay requirements. Although the case involves a somewhat-discrete exemption that has … Continue Reading