Effective January 1, 2015, the Fair Labor Standards Act overtime exemption for “domestic service workers” will change, having significant ramifications for employers of these employees.
The high volume of FLSA litigation, particularly in jurisdictions such as New York and Florida, has in recent years forced many small businesses truly outside the scope of FLSA coverage to defend lawsuits brought pursuant to its minimum wage and overtime provisions.
Last summer, the Second Circuit issued a flurry of decisions clarifying the pleading standard in FLSA cases. In one of those cases, Dejesus v. HF Management Services, LLC, the court held that, in order to state a valid overtime claim after the Supreme Court’s decisions in Iqbal and Twombly, “a plaintiff must sufficiently allege 40 hours of work in a given workweek as well as some uncompensated time in excess of the 40 hours.”
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.