Wage & Hour Litigation Blog

Category Archives: Misclassification/Exemptions

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Live From New York – It’s The Second Circuit (Unpaid Intern Case)!

Posted in DOL Enforcement, Misclassification/Exemptions

Co-authored by Robert S. Whitman and Adam J. Smiley

The Second Circuit heard arguments this morning in two cases that raise critical issues for the fate of internships in for-profit businesses: Fox Searchlight’s appeal of the decision granting summary judgment and class certification to interns who worked on film productions, and the appeal by former Hearst Corporation interns whose motion … Continue Reading

2014 Wage Hour Wrap Up

Posted in Arbitration Agreements, Conditional Certification, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime, State Laws/Claims

Co-authored by Richard Alfred and Patrick Bannon

2014 saw no letup in the deluge of wage and hour litigation.  Year-to-year, federal wage and hour lawsuits filed in federal courts increased by another 4.7%, bringing the total increase in federal court wage and hour cases over the past decade to more than 238%.  With the increase in litigation in this area, … Continue Reading

Integral Clothes and Mistletoes: 2014 Year in Review

Posted in Arbitration Agreements, Decertification, Defenses, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime

Authored by Alex Passantino

It’s the week before Christmas, and we’ve accepted our mission, The annual wage hour “sum-up” composition. And to start it all off, we’ve got something nice, ‘Cause the Supreme Court addressed wage and hour stuff twice.

The year started out with the first one of those; As Justice Scalia answered “What counts as clothes?” With … Continue Reading

Angst, Administration and Interpretation: Supreme Court Hears Arguments on DOL’s Flip-Flopping on Exempt Status of Mortgage Loan Officers

Posted in Defenses, Misclassification/Exemptions

Co-authored by Barry Miller and Taron Murakami

On Monday, the Supreme Court heard arguments in a pair of cases addressing the Department of Labor’s reversal in its position regarding the exempt status of mortgage loan officers.  The Justices’ questions reflected concern about the DOL flip-flopping on this issue, but they also expressed a reticence to issue a broad ruling that … Continue Reading

Put Up or Shut Up: 8th Circuit Shuts Down Overtime Claim Because Plaintiff’s Guestimates of His Hours Worked Are Insufficient

Posted in Misclassification/Exemptions

Authored by Kyle Petersen

The facts are familiar:

An employee who is classified as exempt files suit claiming misclassification and seeking overtime pay. Understandably, the employer does not have time records for the employee because he was treated as exempt and paid on a salary basis. Employee fills the void by testifying that he worked 60 hours every single week… Continue Reading

Court Slams the Brakes on “Black Car” Drivers’ Misclassification Case

Posted in Misclassification/Exemptions

Co-authored by Robert S. Whitman and Howard M. Wexler

Trying to catch a cab in New York City is not for the faint of heart.  In addition to the traditional “yellow cabs,” which often treat the city streets like a NASCAR track, there are many “Black Car” companies that offer rides through dispatch systems that allow for scheduled pickups.  In … Continue Reading

We’re Talking About Practice: Court Finds Document-Reviewing Temp Attorney is Engaged in Practice of Law and Therefore Exempt

Posted in Misclassification/Exemptions, Overtime

Authored by Kevin Young

On Monday, a federal judge in New York dismissed a proposed FLSA collective action filed by an hourly temp attorney on the grounds that the temp was exempt from the FLSA’s overtime requirements.  In a decision that might not sit well with basketball star Allen Iverson, who once chided the media for “talking about practiceContinue Reading

Game, Set, and Match: USTA Aces Umpire Misclassification Case

Posted in Misclassification/Exemptions

Co-authored by Robert S. Whitman and Howard M. Wexler

Although the U.S. Open came to an end earlier this month in Flushing Meadows, New York, match point remained to be played for the tournament’s umpires.  In Meyer v. United States Tennis Association, Judge Andrew Carter of the Southern District of New York shot a cross-court winner for the USTA, … Continue Reading

Unreliable Survey Dooms IBM Workers’ Bid for Class Certification

Posted in Misclassification/Exemptions, Overtime, Rule 23 Certification

Co-authored by Steve Shardonofsky and Rebecca DeGroff

Last week, in Sirko v. IBM, a federal district court in California rejected the plaintiffs’ efforts to use a rudimentary survey to establish Rule 23 class certification because the survey — designed and administered by plaintiffs’ counsel — “lack[ed] basic indicators of reliability.”  The case is yet another example of the trend … Continue Reading

The Second Circuit Finds Entry-Level Accountants To Be Exempt Learned Professionals Under the FLSA

Posted in Misclassification/Exemptions, Overtime

Authored by Gena Usenheimer

Earlier today, in Pippins v. KPMG, the Second Circuit held that entry-level accountants are professionals exempt from overtime under the FLSA.  While the Court’s finding is of great significance to employers within the accounting industry, the decision offers broad guidance as the meaning of the professional exemption generally, guidance which is applicable to employers in … Continue Reading