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By: Seyfarth Shaw’s Wage Hour Litigation Practice Group

Seyfarth Synopsis: As early as next week, the Department of Labor is expected to issue its final rule implementing revisions to the regulations governing the application of the FLSA’s “white collar” exemptions from overtime and minimum wage. 

The culmination of more than two years’ worth of work by the Department, the

Continue Reading New FLSA Overtime Exemption Rules Expected Imminently

Co-authored by Robert Whitman and Carlos Lopez

Good news for New York employers awaiting authorization to make wage deductions under the 2012 amendments to the state’s Labor Law:  the Department of Labor has posted final rules on its website.  The final rules became effective yesterday.

As we previously reported, the Department of Labor posted draft rules on its website
Continue Reading New York DOL Finally Green Lights New Wage-Deductions

MA SJCAuthored by Jeff Burns

After the Supreme Court’s June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (AmEx) (here), many questioned whether AmEx abrogated other state court decisions that had invalidated class arbitration agreements based on the “effective vindication” doctrine.

Today (here), the Massachusetts Supreme Judicial Court (SJC) answered that
Continue Reading The Massachusetts Supreme Judicial Court Reluctantly Agrees That Its June 2013 Decision On Class Arbitration Waivers Is No Longer Good Law

SDNYBy Robert S. Whitman and Howard M. Wexler

If an employee is erroneously misclassified as exempt, she is entitled to recover any unpaid overtime at the rate of time-and-a-half for all hours over 40.  Right?

Wrong, according to a welcome decision (here) from Judge J. Paul Oetken of the Southern District of New York.   The decision confirms what
Continue Reading Half-Time: Not Just for Football Bathroom Breaks Anymore

DOL.jpgBy Alex Passantino, Jessica Schauer Lieberman and Arthur Rooney

Those watching the U.S. Department of Labor in recent years have grown used to seeing major policy shifts.  The DOL has issued guidance in the form of “Administrator’s Interpretations,” amicus briefs, and regulations that deviated from or even rejected the views of previous administrations on topics such as the fluctuating
Continue Reading In Its Most Surprising About-Face To Date, DOL Abandons Administrator’s Interpretation and Sides With Employer

DOL.jpgAuthored by Alex Passantino

Today, after a long, contentious process, Thomas E. Perez was confirmed by a party-line vote as the U.S. Secretary of Labor.  With a confirmed leader, the Department is now likely to push forward on a number of stalled initiatives, with Secretary Perez, of course, placing his imprimatur on the Department’s enforcement priorities and policy preferences. 


Continue Reading Perez Confirmed As Secretary of Labor

11th Circuit.jpgCo-authored by Brett Bartlett and Kevin Young

In an FLSA overtime decision that should convince businesses across all industries to scrutinize the classification of workers they call “independent contractors,” the Eleventh Circuit issued an opinion this week reversing a Florida court’s determination that a service provider for a cable company properly classified its installation and repair “technicians” as contractors rather

Continue Reading Reality Check: 11th Circuit Reverses Finding That Cable Installers Are Not Employees, Confirming That “Economic Realities” Determine Independent Contractor Status

Second Circuit Seal.jpgCo-authored by Jeremy W. Stewart and Robert S. Whitman

“Individual liability.”  It’s an ugly phrase that should be avoided in civilized conversation, especially among business owners and company executives.  The Second Circuit sent a chilling reminder this week about that unpleasant prospect that should make employers and business owners pay attention:  In Irizarry v. Catsimatidis (here), the court held


DC Seal.bmpAuthored by Alex Passantino

Take a step with us into the way-back machine.  In 2006, the Wage & Hour Division issued an opinion letter approving the mortgage industry practice of classifying mortgage loan officers as exempt from the FLSA’s minimum wage and overtime requirements under the administrative exemption.  In 2010, WHD flip-flopped.  It issued the first-ever Administrator Interpretation

Continue Reading Change Don’t Come Easy: DOL’s Switch in Interpretation Requires Full-Blown Rulemaking