Co-authored by Steve Shardonofsky and Tiffany Tran

Resolving a split in the lower courts and deciding an issue of first impression for the Court, the Fifth Circuit earlier this week held that prevailing plaintiffs in FLSA retaliation cases may recover emotional distress damages. While perhaps not unexpected, since the result joins with the majority rule in other Circuits, the outcome
Continue Reading Fifth Circuit Approves Emotional Distress Damages and Invites FLSA Retaliation Plaintiffs to Sit on Freudian Couch

Authored by Robert S. Whitman and Howard M. Wexler

Amid the uncertainty concerning the DOL’s enjoined overtime exemption rules and similar state-led efforts to increase the salary threshold, such as in New York, the Second Circuit recently gave employers an early holiday present when it resolved a long-standing split among New York federal courts and held that “New York’s
Continue Reading No “Double Dipping”! Second Circuit Rejects Combination of Liquidated Damages Under FLSA and NY Labor Law

Authored by Alex Passantino

‘Twas the week before Christmas, 2-0-1-5
When the poetry elves on the blog came alive.
Crafting their rhymes with a purpose so clear:
Presenting the wage-hour gems of the year.

In January, for new regs in this year our breath bated.
Then for six painful months, we speculated and waited.
And just as
Continue Reading I’m Dreaming of a White Collar: 2015 Year in Review

Co-authored by Abad Lopez and Noah Finkel

Even in the face of an apparent victory, a company may be stuck with an unexpected and outsized attorneys’ fees tab.  In a recent case that highlights the multifaceted perils of drawn out litigation, the Tenth Circuit affirmed a $3.4 million attorneys’ fees award—even though the jury rejected the majority of plaintiffs’
Continue Reading Bittersweet Victory: Court Affirms $3.4 Million Attorney’s Fee Award Despite Plaintiffs’ Defeat on Majority of Claims

Co-authored by Kevin Fritz and Jeremy Stewart

Yesterday, the nation’s highest court decided to close the checkout lane on John Catsimatidis when it denied the grocery chain CEO’s petition for certiorari in a case we have been following since last year.  The petition challenged the Second Circuit’s conclusion that Catsimatidis should be held personally, jointly, and severally liable for
Continue Reading Checkout CLOSED: Supreme Court Declines Review of Decision Holding CEO Individually Liable for Wages Owed to Grocery Store Employees

Co-authored by Kevin Fritz, Jeremy Stewart, and Robert Whitman

On Friday, SCOTUS will decide if it will grant review of a Second Circuit decision that placed a CEO on the hook for unpaid back wages under an FLSA settlement agreement.  We previously reported on this case out of New York where the Second Circuit held that the CEO
Continue Reading Clean Up On Aisle 2[nd Circuit]? Supreme Court to Decide If It Will Review Decision on Individual Liability Under the FLSA

Authored by Alex Passantino

It’s the week before Christmas, so you know it’s the time
For our review of the year—our wage-hour rhyme.
Our look-back on issues from the past 52 weeks
That grabbed the attention of you wage-hour geeks.

Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
Continue Reading Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

Authored by Carlos Lopez

Among the many recent amendments to the New York Labor Law, perhaps the most concerning to employers was the expansion of liquidated damages from 25% to 100%.  Viewed in tandem with the statute’s six-year limitations period, the change has the potential to vastly increase employers’ exposure for alleged violations.

Fortunately, the Second Circuit has given employers
Continue Reading SECOND CIRCUIT TO LABOR LAW PLAINTIFF: STOP LOOKING IN THE REARVIEW MIRROR FOR LIQUIDATED DAMAGES

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

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


Continue Reading LEFT HOLDING THE BAG: SECOND CIRCUIT CONCLUDES THAT CEO IS INDIVIDUALLY LIABLE FOR UNPAID WAGES UNDER FLSA