On Monday, a federal judge in New York dismissed a proposed FLSA collective action filed by an hourly temp attorney on the grounds that the temp was exempt from the FLSA’s overtime requirements.
Plaintiffs have recently been stretching the limits of who is their employer for purposes of protection under state and federal employment laws. We recently reported about a case against 7-Eleven where the Court refused to dismiss a complaint filed by the franchisee’s employees against the franchisor where the employees argued that the franchisor was, for purposes of the federal Fair Labor Standards Act (“FLSA”), their employer.
Apologies to John Steinbeck, but in some ways, both 2013 and 2014 have been the winters of FLSA plaintiffs’ discontent on the East Coast.
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.