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.
Coming on the heels of President Obama’s recent order to the U.S. Department of Labor to revise the “white collar” overtime exemptions under the Fair Labor Standards Act (“FLSA”), Democrats in the U.S. Senate this week introduced a bill that would amend the FLSA to potentially achieve the same result.
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.