flsa

New York Federal Court Finds Questions of Fact Exist as to Whether "Assistant" or "Co" Managers at Drug Chain Are Properly Classified as Exempt Employees

March 21, 2012 19:04

The most recent installment in the continuing saga concerning the exempt status of various managerial titles in the retail industry involves a group of plaintiffs referred to by their employer (the drug chain Rite Aid) as “Co-Managers” and by plaintiffs as “Assistant...

Panelists, Lawmakers Urge Further Economic Review of Proposed Companionship Rule

Ilyse Schuman
March 21, 2012 16:45

On Tuesday members of the House Committee on Education and the Workforce’s Subcommittee on Workforce Protections heard competing testimony about the merits of the Department of Labor’s proposed rule that would extend minimum wage and overtime requirements to many home care workers. This...

Supervisors can be held Individually Liable Under the Family and Medical Leave Act

March 14, 2012 15:53

In a case of first impression, the United States Court of Appeals for the Third Circuit has confirmed that supervisors of both private and public sector employers can be held individually liable under the Family and Medical Leave Act (“FMLA”) 29 U.S.C. § 2601 et seq.  ...

Reminder: The Perils of Interns

March 13, 2012 21:07

Since the Fair Labor Standards Act contains no provision contemplating the concept of the unpaid intern, employers often find themselves defending their decision to classify someone who provides services to the company as being outside the protections afforded “employees” under the...

Court Decertifies FLSA Collective Action Against IBM

Gianpaolo Panusa (Click to Email)
March 13, 2012 20:03

Posted by Greg MersolWe've commented before that employers defending collective actions under the FLSA generally fare far better on a motion to decertify than one for conditional certification, and a recent case reflects that fact.  In Seward v. International Business Machine Corp.pdf., Case...