Category Archives Fair Labor Standard Act (FLSA)

By now, most of you have probably heard that on May 18, 2016, the Obama Administration and the DOL announced the long-awaited final rule updating the Department’s white collar exemption from the FLSA’s minimum wage and overtime protections.  The new rule will be effective December 1, 2016.  Now that we finally know what we’re dealing with, I thought it may…

Contract legal work has become the norm for many attorneys who, for whatever reason, are not engaged in a full-time legal practice.  This type of work benefits not only young law graduates who are still searching for their dream job, but also seasoned attorneys who have taken a break from their practice.  The equation is relatively simple: law firms assign…

The Third Circuit recently adopted the predominant benefit test to determine whether employees’ meal periods are compensable under the FLSA. In Babcock v. Butler County, Case No.: 14-1467 (3d. Cir. Nov. 24, 2015), the plaintiff, a corrections officer at the Butler County Prison, alleged that Butler County failed to properly compensate her and those similarly situated for overtime.  In this…

Across the country, students gain valuable experiences through internship programs before entering their respective workspaces. See Schumann v. Collier Anesthia, P.A., --- F.3d ----, 2015 WL 5297260, (11th Cir. Sept. 11, 2015) (“modern internships can play an important—indeed critical—role in preparing students for their chosen careers.”); see also Hollins v. Regency Corp., No. 13 C 07686, 2015 WL 6526964 (N.D. Ill.…

The Department of Labor’s Wage & Hour Division announced a proposed rule change today that would extend overtime protections to approximately 5 million additional workers by increasing the salary cap for workers that fall under the white collar exception to the overtime rule, which the Department said has threatened to eat the current overtime rule without automatic cost-of-living increases over…

On May 19, 2014, in what appears to be a growing trend, Manouchar Pierre-Val, a former cheerleader for the Tampa Bay Buccaneers, filed a putative collective action against the team (Pierre-Val v Buccaneers) alleging violations of the Fair Labor Standards Act ("FLSA"). The putative class is defined as “[a]ll Cheerleaders who worked for Defendant within the last three years who…

The Middle District of Florida recently confirmed the low threshold required for conditional certification of putative collective actions under the Fair Labor Standards Act (“FLSA”).   In Gonzalez v. TZ Ins. Solutions, LLC, Case No. 13-2098, 2014 WL 1248154 (M.D. Fla. March 26, 2014) (Gonzalez v TZ Ins) the plaintiff worked hourly for TZ Insurance as a sales specialist.  The plaintiff filed…

Employers and attorneys alike are carefully monitoring the rising tide of class action litigation related to unpaid internships. Recently, former unpaid interns have filed suit against Fox Searchlight Pictures, producers of “The Charlie Rose Show,” [1] and Hearst Corporation, [2] which publishes the chic woman’s fashion magazine Harper’s Bazaar.  The details of the cases very, but each Plaintiff purports to…

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