Authored by Robert Whitman
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit.
In a decision that surprised no one who has followed the litigation of wage hour claims by interns, the US Department of Labor has abandoned its ill-fated six-part test
Continue Reading DOL Bids Adieu to Six-Factor Internship Test
Authored by Robert Whitman
Seyfarth Synopsis: The Second Circuit has upheld summary judgment against magazine interns seeking payment as “employees” under the FLSA.
In an end-of-semester decision that may represent the final grade for unpaid interns seeking minimum wage and overtime pay under the FLSA, the Second Circuit has firmly rejected claims by Hearst magazine interns challenging their unpaid status.
Continue Reading Interns Flunk the Class
Authored By Robert Whitman
Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final collective certification of FLSA claims are different from those for class certification of state law wage claims under Rule 23.
Co-authored by John Giovannone, Kyle Petersen, and Noah Finkel
Seyfarth Synopsis: Earlier this month, the Ninth Circuit chose to side with the Second Circuit, and not the Sixth Circuit, to opine that mortgage underwriters fail to meet the FLSA’s administrative exemption from overtime test because underwriting duties “go to the heart of… marketplace offerings, not to the internal
Continue Reading Making A Mountain Of The Administrative/Production Dichotomy Molehill
Co-authored by Robert S. Whitman and Howard M. Wexler
Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers face when seeking “finality” through DOL-approved settlements.
In Wai Hung Chan v. A
Continue Reading Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement
Co-authored by Kyle A. Petersen and Molly C. Mooney
Seyfarth Synopsis: The Second Circuit recently upheld a district court order denying a bid for class certification by personal bankers claiming their managers refused to approve timesheets with overtime hours, shaved reported overtime hours, and pressured them to work off the clock. Because the company’s policy governing (and limiting) overtime work
Continue Reading Too Personal To Proceed: Personal Bankers’ Certification Bid Bounced Again
Co-authored by Brett C. Bartlett and Samuel Sverdlov
Seyfarth Synopsis: The Southern District of New York recently held that parties may not settle FLSA claims without court approval through an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure.
Background: Rule 68
Under Rule 68, a party defending a claim can make an “offer of
Continue Reading SDNY Pancakes Parties’ Attempt to Bypass Cheeks: Requires Approval of Rule 68 Settlement
Co-authored by Robert S. Whitman and Howard M. Wexler
With employers about to ring in 2017, the New York State Department of Labor—with only two days to spare—has finalized regulations to increase the salary threshold for exempt status. The regulations, originally introduced on October 19, 2016, take effect on December 31, 2016.
Employers were hopeful that the State
Continue Reading NY DOL Approves Regulations to Increase Salary Threshold for Exempt Employees
Authored by Rob Whitman
Seyfarth Synopsis: Unpaid interns for Hearst magazines have been rebuffed again in their effort to be declared eligible to receive wages under the FLSA and the New York Labor Law.
In an August 24, 2016 ruling, Judge J. Paul Oetken of the Southern District of New York held that six interns, who worked for Marie
Continue Reading In Final Exam, Court Rejects Hearst Interns’ Pay Claims
Co-authored by Robert Whitman and Adam J. Smiley
Seyfarth Synopsis: Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used to evaluate whether interns are properly classified under the FLSA.
As this blog has previously reported
Continue Reading That’s a Wrap: Fox Reaches Deal with Unpaid Interns