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
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.
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
Authored by Kyle Petersen
The facts are familiar:… Continue Reading
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
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
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 practice… Continue Reading
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
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
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
Mark Twain famously said that “there are lies, damn lies, and statistics.” A recent decision by the California Supreme Court provides a good example of why. In Duran v. U.S. Bank, N.A., the Court put the kibosh on a trial court’s decision — in a wage-and-hour class action — to impose a “trial … Continue Reading