Co-authored by Robert S. Whitman, Howard M. Wexler, and Meredith A. Berger
Seyfarth Synopsis: A district court judge within the Second Circuit held that, in light of Cheeks v. Freeport Pancake House, court or DOL approval is required for a valid dismissal of FLSA claims with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).
Settling FLSA
Continue Reading District Court Turns the Other “Cheeks” on Parties’ Proposed Stipulation of Dismissal
Co-authored by Rob Whitman, Adam Smiley, and Nadia Bandukda
A federal judge has sided with Gawker in the media company’s legal battle with a former unpaid intern who claimed that he should have been compensated as an employee. On March 29th, Judge Alison Nathan in the Southern District of New York granted Gawker’s motion for summary judgment and
Continue Reading Gawker Victory Against Unpaid Interns Provides Helpful Roadmap
Co-authored by Noah A. Finkel and Abad Lopez
The demise of bank loan underwriters’ exempt status has been greatly exaggerated—at least according to a recent Sixth Circuit decision upholding the dismissal of a putative collective action against Huntington Bank. The court disagreed with underwriters who alleged that they were improperly classified as exempt and thereby wrongfully denied overtime pay. Instead,
Continue Reading Classifying a Loan Underwriter as Exempt Is a Risk Worth Taking, Says Sixth Circuit
Co-authored by Robert Whitman and Adam Smiley
Spring is around the corner, with summer not far behind, so thoughts naturally turn to the obvious topic: internships.
Although the volume of new lawsuits by unpaid interns challenging their status has abated significantly since the Second Circuit issued its decision in July 2015 announcing a new legal standard and rejecting the Department
Continue Reading Closure For Second Circuit Intern Case, But Risks Persist Nationally
Co-authored by Robert Whitman and Adam Smiley
While most New Yorkers rode out last weekend’s blizzard by binge watching television or enjoying playoff football, three Second Circuit judges apparently spent their time more productively, as the court on Monday issued an amended decision in its landmark ruling from last summer on unpaid internships.
As we have previously reported, the
Continue Reading Second Circuit Leaves Interns in the Cold—Again
Co-authored by Kat Jugo and Kevin Young
The lawyers in our readership are quite familiar with the fact that, as a general matter, practicing attorneys are not entitled to overtime pay under the FLSA. But does that exempt status change when an attorney is retained only to review and flag documents? No it does not, per a decision issued last
Continue Reading Nothing New for Doc Review: Federal Court Rules That Doc Review Attorney, Like Other Practicing Lawyers, is Exempt
Co-authored by Robert Whitman and Meredith-Anne Berger
Blog readers who have been following the recent wave of wage and hour lawsuits by interns will recall that the Second Circuit, in a major decision issued in early July, held that the “primary beneficiary” test should govern whether interns were properly classified as such or should have been treated as full-fledged
Continue Reading Another Blow to DOL Position on Internships
Co-authored by Laura E. Reasons and Noah A. Finkel
Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest—a five-day interactive baseball theme park organized in conjunction with Major League Baseball’s 2013 All-Star Week and held at the Javits Center in New York City—is an “establishment”
Continue Reading MLB FanFest Volunteers Strike Out at Second Circuit Under FLSA’s Seasonal Amusement or Recreational Establishment Exemption.
Co-authored by Robert Whitman, Adam J. Smiley, and Meredith-Anne Berger
As this blog previously reported, a three-judge panel of the Second Circuit ruled against two separate groups of interns in early July, applying the “primary beneficiary” test—to evaluate whether unpaid interns are trainees not entitled to wages or employees who must be paid—and stating that conditional and
Continue Reading Full Court Press for Interns at Second Circuit?
Co-authored by Robert S. Whitman and Howard M. Wexler
As we have noted in previous posts (most recently, here), courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements. Some parties have responded to this trend by entering into private settlements and filing a simple stipulation of dismissal with
Continue Reading Show & Tell: Second Circuit Holds FLSA Bars Private Settlements