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Gov’t supervisor may be liable for FMLA violation 

Published: February 3, 2012

Tags: fair labor standards act, Family and Medical Leave Act, FLSA, FMLA, supervisor liability

A supervisor at a public agency may be individually liable for alleged violations of a subordinate’s right to medical leave under federal law, the 3rd Circuit has ruled in reversing a summary judgment.

Health club employee not bound by arbitration clause 

Published: January 27, 2012

Tags: arbitration, fair labor standards act, FLSA, overtime, wage and hour

A health club employee suing for unpaid overtime was not bound by an arbitration clause in his employee handbook, the 5th Circuit has ruled in affirming judgment.

Employment law survey reveals key trends 

Published: January 19, 2012

Tags: AT&T Mobility v. Concepcion, Department of Labor, DOL, EEOC, Equal Employment Opportunity Commission, ERISA, fair labor standards act, FLSA, Seyfarth Shaw, wage and hour, Wal-Mart v. Dukes

National employment law firm Seyfarth Shaw recently released its annual survey of employment law cases, summarizing key trends in the field from U.S. Supreme Court decisions to state and federal court decisions and regulatory actions.

FAIR LABOR STANDARDS ACT 

Published: November 28, 2011

Tags: fair labor standards act, FLSA, GlaxoSmithKline, outside sales, overtime pay, pharmaceutical sales, Secretary of Labor

Should federal courts give deference to the U.S. Secretary of Labor’s interpretation of the Fair Labor Standards Act’s outside sales exemption to make pharmaceutical sales representatives eligible for overtime?

See “Justices to decide whether pharmaceutical reps entitled to overtime”

» Continue Reading.

Are pharmaceutical reps entitled to overtime? 

Published: November 28, 2011

Tags: fair labor standards act, FLSA, GlaxoSmithKline, outside sales, overtime pay, pharmaceutical sales, Secretary of Labor

The U.S. Supreme Court will decide whether federal courts should give deference to the Secretary of Labor’s interpretation of the Fair Labor Standards Act’s outside sales exemption to make pharmaceutical sales representatives eligible for overtime.

Defense scores win in FLSA case 

By: Douglas Levy
Published: October 7, 2011

Tags: employee misclassification, FLSA, Michigan

In terms of employee classification, does an IRS determination letter trump the Fair Labor Standards Act in a jury’s eyes?

That’s the issue Karl P. Numinen was up against in fighting claims that three independent contractors who worked for his client, an entertainment group, were entitled to overtime pay and employee benefits.

Bill would support home care work force 

Published: July 20, 2011

Tags: fair labor standards act, FLSA, home care workers, Senate

The Fair Labor Standards Act would be extended to apply to home care workers under a bill that has been introduced in the Senate.

Applebee’s ‘tip credit’ may violate federal wage law 

Published: April 25, 2011

Tags: Applebee’s, Department of Labor, DOL, fair labor standards act, FLSA, tip credit, wage and hour

A national restaurant chain may have violated federal wage law in its application of a “tip credit” to hours that its employees performed nontipping duties, the 8th Circuit has ruled in affirming a denial of summary judgment.

Worker fired for verbal complaints can sue 

By: Pat Murphy
Published: March 22, 2011

Tags: fair labor standards act, FLSA, retaliation

The Fair Labor Standard Act’s anti-retaliation provision protects an employee who allegedly lost his job because he made verbal complaints to his employer about the placement of timeclocks, the U.S. Supreme Court has ruled in a 6-2 decision.

Don’t get hit with an overtime claim 

By: Allison McAndrew
Published: November 15, 2010

Tags: 20 Things Lawyers Need to Know in 2011, employee misclassification, fair labor standards act, FLSA, overtime, paralegals, support staff

As overtime violations surge, even lawyers are falling into the trap of misclassifying their employees – and they are being sued for it.