Category Archives Overtime

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…

This Whiteboard Explainer: What is Overtime, posted by Heidi Shierholz on the DOL’s blog back on July 8, 2015, is not new, but I think it is worthy of posting now because it’s the simplest explanation I’ve seen of the proposed rule changes.  Apparently others agree as the DOL included this video, along with four others, in its December 29,…

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…

In Davenport v. Elite Model Management Corp., No. 1:13-cv-01061-AJN (S.D.N.Y. Jan. 9, 2014) (Davenport v Elite-1) (Davenport v Elite-2), the court granted preliminary approval to a $450,000 settlement between Elite Model Management (“Elite”) and a group of unpaid interns who claimed the company intentionally misclassified employees as interns to avoid paying them wages and overtime. Dajia Davenport, who worked for…

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