Every year during the holiday season we are encouraged to focus on giving, whether it be giving thanks, giving to the needy, or giving gifts.
Of late, there have been some favorable decisions for employers on FLSA class action pleading issues. Now, a losing plaintiff is asking the US Supreme Court to reverse this trend and rule that her action should proceed, notwithstanding that there exists a lack of specific factual details. The plaintiff contends that the high Court should resolve the split in the Circuits on this matter. The case is entitled Dejesus v. HF Management Services.
With Thanksgiving coinciding with Hanukkah this year and Christmas fast-approaching, employers should review carefully their obligations regarding requests for time-off and holiday pay practices. Specifically, the latter requests often trigger employer responsibilities under the Fair Labor Standards Act (“FLSA”), Title VII of the Civil Rights Act (“Title VII”), and the Family Medical Leave Act (“FMLA”).
In a number of cases, the plaintiffs’ strategy in collective active litigation under the Fair Labor Standards Act may fall into a familiar pattern: file the case, do minimal discovery, move for conditional certification under the first-tier lenient standard, and then settle before decertification.
Under the FLSA, bonuses are excludable from the regular rate only if the employer can affirmatively demonstrate that the bonus fits into a specific statutory exclusion. In order for a bonus payment to be excluded it must be discretionary, which requires that the bonus meet all of the following requirements.
With employees requesting time off for upcoming holidays and flu season beginning, employers should review holiday pay and sick leave buyback provisions to ensure compliance with the FLSA regular rate of pay requirements. The FLSA requires that an employee who works overtime must be compensated for those overtime hours at a rate of at least one and one-half times the employee’s regular rate of pay. The regular rate of pay is not necessarily (and often not) their hourly pay or base pay. Employers must consider the vario
The wave of unpaid internship lawsuits is growing, as former interns have recently filed suit against a variety of corporations in the music, television, publishing, and fashion industries. The sports world is also a target, as the Department of Labor is reportedly investigating the Miami Marlins and San Francisco Giants for FLSA violations related to their unpaid interns.
Shared or leased employees can create wage and hour obligations even where the sharing or leasing employer believes those employees are being properly paid. Increasingly, courts are looking at whether joint employer status exists under the Fair Labor Standards Act (“FLSA”).
Earlier this month, the Department of Labor announced that a Texas employer, High Performance Ropes of America, the owner, plant manager and office manager were convicted on felony charges relating to FLSA violations. From 2008-2010, the DOL investigated the employer and found that it failed to pay workers overtime.
The question concerning the enforceability of class action waivers in arbitration agreements to foreclose an employee’s ability to litigate collective actions under the Fair Labor Standards Act (“FLSA”) has been answered affirmatively in New York by the Second Circuit Court of Appeals.