Most cases, when they settle, contain a provision that the plaintiff’s complaint will be dismissed “with prejudice.”
D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations On the “Companionship Exemption” Under the FLSA
On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two decisions issued by the U.S. District Court for the District of Columbia that struck down those revisions.
Because of the low standard employed by many courts, decisions denying conditional certification in FLSA cases are generally in the minority, but some careful courts will continue to make such decisions.
It appears that the U.S. Department of Labor intends to remain busy through the rest of the summer.
In June, we told you about Moran v. Al Basit LLC, 14-2335 (6th Cir. 2015), a new decision from the Sixth Circuit Court of Appeals demonstrating how easy it is to get to trial on a claim of unpaid overtime.
As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption.
Coping with the New Definition of Exempt Employees: The Proposed New Salary Test May Not Benefit Currently Salaried Employees
Under the Federal Fair Labor Standards Act (and state wage hour laws) certain hourly paid employees must be paid time and one-half their regular rate of pay for all hours worked over 40 in a regular work week.
This past year has brought major changes to the laws affecting wage and hour issues.
Think you know whether your workers should be classified as independent contractors? Take a shot at our short quiz to test your knowledge on employee misclassification!