Affirming a highly-publicized 2012 decision from Southern District of New York Judge Colleen McMahon, the Court of Appeals for the Second Circuit ruled last week that audit associates employed by “Big Four” accountancy KPMG qualified for the learned professional exemption from overtime under the FLSA.
If you have been anywhere near a TV or radio over the past few months, you have probably seen or heard the ads for Hotels.com featuring Captain Obvious. If you’re from the Midwest, and Indiana in particular, it has probably crossed your mind whether the Bob and Tom Show’s Mr. Obvious and Captain Obvious are somehow related. Well, maybe that’s just me.
Defense Appropriations “Wage Theft” Amendment May Bar Employers with FLSA Violations from Defense Contracts
Late last month, the Senate referred the Fiscal Year 2015 Defense Appropriations Act to the Senate Committee on Appropriations for consideration.
The judicially-devised “economic realities” test is designed to determine whether an individual is liable as an “employer” under the FLSA, typically in addition to a corporate entity.
Yesterday, the Supreme Court denied a request to review the issue of whether the Fair Labor Standards Act grants employees a non-waivable right to bring a collective action and thus, renders arbitration agreements with collective action waivers unenforceable.
I have blogged many times about the use of automatic lunch deduction time clocks and the inherent dangers that reside in such a procedure.
Federal Court in New York Decertifies FLSA Collective Action of 1,000 Hospital Workers Challenging Auto-Deduct Policy
Over the past several years, medical providers in particular have been beset by wage and hour claims arising out of so-called “auto-deduct” policies. A recent case, arising out of the Eastern District of New York, a jurisdiction that generally has been friendly to plaintiffs in this arena, suggests that such claims may ultimately fail.
I knew this was coming down the pike. It isn’t enough that the exemption tests remain (even after the 2004 amendments to the FLSA regulations) an oftentimes gray morass that leaves employers and their counsel constantly guessing about who is and is not exempt
Unlike most other causes of action, FLSA claims require court or agency approval before a release can be deemed fully valid and enforceable.