Wage & Hour Litigation Blog

Category Archives: Misclassification/Exemptions

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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

Sampling Duran: The California Supreme Court’s Smack Down Of A Biased Sampling Scheme Isn’t Limited To California

Posted in Misclassification/Exemptions

Co-authored by Jacob Oslick and Noah Finkel

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

Disrespecting the Secretary’s Authority? Senate Bill Would De-Authorize Labor Department’s Ability to Set Salary Level and Primary Duty Standard under FLSA Exemptions

Posted in Misclassification/Exemptions

Authored by Alex Passantino

Earlier this week, Senator Harkin, along with eight Democrat co-sponsors, introduced the “Restoring Overtime Pay for Working Americans Act.”  If it became law—a prospect that at this time appears highly unlikely—this proposal would increase the salary level required to qualify for the FLSA’s white collar exemptions from the current $455 per week to $1,090 … Continue Reading

Supreme Court to Decide Department of Labor’s Freedom to Flip-Flop

Posted in DOL Enforcement, Misclassification/Exemptions, Overtime, Uncategorized

Authored by Barry J. Miller

On Monday, the Supreme Court accepted a petition for review two cases that may restrain administrative agencies, most notably the Department of Labor, in flip-flopping their interpretations of the law as control of those agencies passes between political parties.  The outcome of the case could hand employers a measure of certainty and stability as they … Continue Reading

California Supreme Court Finds Plaintiffs’ Use of Statistical Evidence in Class Wage and Hour Litigation Doesn’t Add Up: Why California Employers Now Have a Higher Probability of Success After Duran v. U.S. Bank

Posted in Misclassification/Exemptions

Co-authored by Geoffrey Westbrook and Laura Maechtlen

With years in the making, the long-awaited decision of the California Supreme Court in Duran v. U.S. Bank has finally arrived and represents a significant victory for California employers. Duran is the first case to consider the now prevalent use of statistical evidence by class action plaintiffs to condense class certification briefing and/or … Continue Reading

ContractorGate: Court Awards Employer Over $550,000 In Attorney’s Fees And Costs Based On DOL’s Unreasonable Litigation Position

Posted in DOL Enforcement, Independent Contractors, Misclassification/Exemptions

Co-authored by Julie G. Yap and Rachel M. Hoffer

This week, the United States District Court for the Southern District of Texas ordered the Department of Labor to fork over $565,527.61 in attorneys’ fees and costs to a Texas employer.  Why such a hefty fee award?  The DOL’s position that the employer misclassified gate attendants as independent contractors was not … Continue Reading