overtime

Actual Work Activities Performed, Not Employer Policies Alone,Trump in Denial of Class Certification

March 21, 2012 11:57

Authored by Laura Reathaford and Catherine Dacre Plaintiffs often argue in seeking class certification that an employer’s policy applicable to all or a certain group of employees provides sufficient evidence of commonality to justify the certification of the alleged class.  In Delodder...

District Judge Finds Therapists to be Exempt Professionals

March 16, 2012 12:40

The FLSA “learned” professional exemption requires an individual to perform work requiring advance knowledge in a field of science or learning, and that such knowledge customarily be acquired through prolonged academic instruction. Challenges to the applicability of this exemption...

New Jersey Restores Its Exemption for Commissioned Sales Employees

March 09, 2012 19:19

By Jeanne Barber As we reported earlier, the New Jersey Department of Labor and Workforce Development (DLWD)amended its wage and hour regulations in September 2011 to eliminate inconsistencies between state and federal overtime law. In so doing, the DLWD inadvertently omitted the exemption for...

Who Is The "Employer" Under The FLSA: Second Circuit Addresses The Issue Of Individual Liability For The CEO Of Gristede's

Mark Tabakman
March 09, 2012 16:08

In FLSA cases, the plaintiff will often sue not only the Company, but its owners and/or officers as well.  I know from personal experience in defending these cases that clients often are motivated to settle because they fear the specter of possible personal or individual liability. The recent...

Compensating Non-Exempt Employees for Completing Web-Based Training

March 08, 2012 21:44

By:  Kara M. Maciel and Casey Cosentino We were recently asked by a client to provide guidance on the wage and hour issues associated with company-provided on-line training programs for non-exempt employees.  Questions were raised as to when the training is...