Co-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
Authored 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
Authored by Catherine Dacre
In a case of first impression, the 9th Circuit held last week in Roth v. CHA Hollywood Medical Center (here) that removal of a state court case to federal court may be triggered by defendant’s own investigation of the facts supporting removal. Previously, the window for removal has been narrowly construed, with federal court
Continue Reading Removing Impediments to Removal – The 9th Circuit Opens the Window
Authored by Robert Whitman
The lawsuit against Hearst Corporation on behalf of interns who claim they should have been paid as employees got a jolt of life last week when the judge supervising the case certified the class certification issue for an immediate appeal (See here).
As we previously reported (here), Judge Harold
Continue Reading New Hope for Hearst Interns Seeking Class Status
Authored by Alex Passantino
Last week, the Fair Labor Standards Act celebrated its 75th anniversary. When President Franklin Roosevelt signed it into law on June 25, 1938 (it wouldn’t become effective until October of that year), the FLSA set the minimum wage at $0.25 per hour and set the maximum workweek at 44 hours per week. Celebrating this milestone anniversary
Co-authored by John W. Egan and Robert Whitman
Retail and hospitality employers should perk up at the recent decision (here) by the New York Court of Appeals to affirm Starbucks’ tip pooling policy. On June 26, the Court resolved questions certified by the Second Circuit (as we previously reported here) regarding the New York Labor Law’s prohibition against
Co-authored by: Robert Whitman, Cameron Smith, John DiNapoli and Zack Sharpe
Earlier today, the New York City Council voted to override Mayor Bloomberg’s veto and re-passed the Earned Sick Time Act. New York now joins cities including Seattle, San Francisco, Washington, DC, and Portland, OR in requiring employers to provide sick leave to their workers.
As early as
Continue Reading Feeling Queasy Yet? New York City’s Earned Sick Time Act Becomes Law
Authored by Alex Passantino
As we reported previously, a federal judge in Oregon recently ruled that the U.S. Department of Labor’s 2011 tip-pooling regulations were invalid. Earlier this week, the court entered a final judgment, striking down and setting aside those portions of the DOL regulations that state that “tips are the property of the employee when his/her
Co-authored by James Hlawek, Richard Alfred and Robert Whitman
Is a waiver of class arbitration enforceable in cases where the plaintiff’s cost of individually arbitrating her federal statutory claim exceeds her potential recovery and is, therefore, not economically feasible?
That is the question addressed today in American Express Co. v. Italian Colors Restaurant [here], which the Supreme
Continue Reading Class Arbitration Waivers of Any “Colors” Are Enforceable
Authored by Robert Whitman
Advocates for interns seeking wage payments under federal and NY law received some welcome news this week with the decision in Glatt v. Fox Searchlight Pictures, Inc. [here]. As we have discussed previously [See here, here, here], Glatt is one of a number of recent cases brought on behalf of