Author Terri Parker

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…

Following up on our January 29th report on the EEOC’s pay-data plan, Bill Martucci, head of Shook’s national Employment Litigation and Policy Group, recently weighed in on what he described as a “dramatic step” by the EEOC: EEOC's Plan Requiring Additional Pay Data is a "Dramatic Step," Martucci Says January 29, 2016 Shook, Hardy & Bacon Partner Bill Martucci joined…

Today the U.S. Equal Employment Opportunity Commission proposed changes to the Employer Information Report (EEO-1). Specifically, the EEOC proposed that companies with 100 or more employees be required to collect and provide pay data. In turn, the EEOC will analyze the data in its efforts to promote equal pay in the workplace and ensure companies are not discriminating based on pay. This announcement was made with the White House and in conjunction with the seventh anniversary of the Lilly Ledbetter Fair Pay Act.

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,…

  According to the U.S. Department of Labor, the minimum wage rates in “Alaska, Arkansas, California, Connecticut, Hawaii, Massachusetts, Michigan, Nebraska, New York, Rhode Island, Vermont,” West Virginia, Colorado and South Dakota will increase effective January 1, 2016.  Workers in Maryland, the District of Columbia and Minnesota will also see minimum wage increases later this summer.  According to the Department,…

As employers salute and honor veterans today, employers should also review whether they are doing all they can to guard against veteran discrimination. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) “protects members of the military from discrimination and retaliation in employment on the basis of their military service.” Wooldridge v. City of Melbourne, No. 6:14-cv-55-Orl-40TBS, 2015 WL 4250491,…

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…

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…

An illegal gambling establishment in Alabama faced additional legal woes when it was sued by a class of former employees for allegedly violating the Worker Adjustment and Retraining Act (“WARN Act”) when it laid off its employees without giving them any formal notice. Sides v. Macon County Greyhound Park, Inc., 725 F.3d 1276 (11th Cir. 2013).  Macon County Greyhound Park,…

At Graceland Memorial Park South Cemetery, at least three people could not locate their loved ones’ gravesites without the cemetery staff “probing” into burial sites.  Alderwoods Group, Inc. v. Garcia, 119 So. 3d 497 (Fla. 3d DCA 2013) (Alderwoods v. Garcia).  The three plaintiffs sought to certify a class defined by “all persons with family members buried before 1994 in…

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…

One of the unique issues in class action litigation is determining when, if ever, an absent class member becomes a party.  In Day v. Persels & Associates, LLC, 729 F.3d 1309 (11th Cir. 2013), (Day v Persels) Miranda Day sued several debt management companies on behalf of herself and 125,000 consumers.  Pursuant to 28 U.S.C. § 636(c)(1), Day, the putative…

Close