Co-authored by Arthur Rooney and Abad Lopez

In a victory for limiting the avenues available to employees covered by collective bargaining agreements, the Fourth Circuit Court of Appeals held that federal law preempts state law claims for unpaid wages where a CBA is implicated.  As a result, the Fourth Circuit reversed a jury verdict in

Authored by Jessica Schauer Lieberman

The Supreme Court ruled today that steelworkers are not entitled to pay for time spent changing into flame-retardant suits, hardhats, gloves, and other protective items where their union agreed to exclude that time from the compensable workday.  In doing so, the Court took a refreshingly pragmatic approach to an area

Authored by Barry Miller

How do you classify the outside salesperson who fails to sell?  The administrative employee who can’t or won’t exercise discretion and independent judgment?  The manager who would rather perform manual labor than manage others?  Plaintiffs often stress – and Department of Labor regulations state – that a job description alone doesn’t

Co-authored by Robert S. Whitman, Howard M. Wexler and Joshua D. Seidman

Continuing the recent string of good news for employers on the fluctuating workweek (“FWW”) front, last week a federal judge in the Southern District of New York held that RadioShack’s use of the FWW or “half-time” method to calculate overtime pay for

Authored by Jessica Schauer Lieberman

This morning the Supreme Court heard oral argument in Sandifer v. U.S. Steel, an FLSA case in a group of steelworkers at a Gary, Indiana factory claimed they should be paid for time spent changing into flame-retardant suits, steel-toed boots, hardhats and gloves, even though their union agreed to

Co-authored by Laura Maechtlen and Nadia S. Bandukda

Last week, in Till v. Saks Inc., U.S. District Judge Saundra Brown Armstrong of the Northern District of California denied Plaintiffs’ motion to certify a class of present and former exempt managers and associates at Saks’ Off 5th retail stores, and granted Saks’ preemptive bid to

Co-authored by Kyle Petersen and  Natascha Riesco

As you may recall, the DOL threw the mortgage industry into a tizzy when it issued a sweeping Administrator Interpretation in 2010 that reversed its prior opinion letters and announced its view that mortgage loan officers were not exempt from the minimum wage and overtime requirements of the

Authored by Noah Finkel and Dennis Clifford

We often question the utility of the “lenient standard” for conditional certification under the FLSA.  All too often, courts grant conditional certification of a collective action based on nothing more than a recitation of the “lenient standard” involving a “modest factual showing,” followed by reference to scant evidence

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