Casino Dealer “Trainees” Who Attended A 12-Week “Dealer School” Are Not “Employees”

Randi Klein Hyatt
Randi Klein Hyatt
04/29/2015
The US District Court for Maryland dismissed a complaint filed by three “trainees” of the Maryland Live! Casino’s 12-week “dealer school.” Harbourt v. PPE Casino Resorts Maryland, No. CCB-14-3211 (Apr. 21, 2015). The plaintiffs alleged that they attended the Casino’s complimentary 12-week “dealer school” training course for table games (only one of the three actually completed the course and was employed as a dealer at the Casino)....
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More on the Dangers of Unsupervised FLSA Settlements

Eric Paltell
Eric Paltell
03/26/2015
Suppose that you are an employer who has been found to have violated the Fair Labor Standards Act (FLSA). In an attempt to curb future liability, you calculate the overtime owed to your employees who were mistakenly misclassified as exempt and print checks informing the employees that the amount of those checks represents “full payment . . . [for] wages earned, including minimum wage and overtime, up to the date of the check.” Can employees then...
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Supreme Court Okays DOL's FLSA Interpretative Rule Change

The Supreme Court has confirmed that federal agencies, including the Department of Labor (DOL), are exempted from the Administrative Procedure Act's formal notice-and-comment rulemaking requirements when changing interpretative rules, as explained in its unanimous decision Perez v. Mortgage Bankers Ass'n, No. 13-1041, (U.S. March 9, 2015).  With this decision, the Supreme Court overruled the long established doctrine from Paralyzed Veterans of...
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D.C. Amends Wage Theft Prevention Act to Remove Exempt Employee Time Tracking Requirement

Eric Paltell
Eric Paltell
02/12/2015
Last month, we wrote about the new District of Columbia Wage Theft Prevention Act, which dramatically changed D.C. wage and hour laws to impose new record keeping obligations and penalties on employers operating in the District.  The new law is set to go into effect on February 26, 2015. After posting our article on the law, we received a number of comments from clients concerned about the law's requirement that employers keep time records for...
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The Next Big Supreme Court Labor & Employment Class Action Case May Be Here

Randi Klein Hyatt
Randi Klein Hyatt
12/18/2014
On Monday, Pennsylvania’s highest court affirmed a $188 million award against Wal-Mart and Sam’s Club (collectively “Wal-Mart”) in a class action encompassing almost 187,000 employees who worked for Wal-Mart between 1998 and 2006. Braun v. Wal-Mart Stores, Inc., No. 32 EAP 2012 (Pa. Dec. 14, 2014). Employees were awarded back pay, because the retail giant promised them paid breaks but required them to miss or work through them and to work...
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Supreme Court Holds Time Spent in Security Screening is Not Compensable

Garrett Wozniak
Garrett Wozniak
12/11/2014
In a unanimous decision, the United States Supreme Court held Tuesday that time employees spend going through an employer’s theft-prevention security screening process is not compensable under the Fair Labor Standards Act (FLSA) because the screening is not “integral and indispensable” to the worker’s principal activities. Integrity Staffing Solutions, Inc. v. Busk, No. 13-1433 (Dec. 9, 2014). The Integrity employees involved in this case...
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More Than A Dollar: $2.3 Million Settlement Between Family Dollar Stores And Nearly 500 Employees

Bernadette Hunton
Bernadette Hunton
11/07/2014
On October 30, 2014, a Colorado federal court judge granted final approval of a $ 2.3 million settlement between the “Everything’s a Dollar” retail giant and a class of 488 current and former store managers who claimed they were misclassified as exempt employees and denied overtime pay in violation of state law. Under Colorado law, executive or supervisory employees are exempt from overtime pay if they supervise two or more full-time...
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If You Play Me, You Gotta' Pay Me: NCAA Student-Athletes File FLSA Suit

Randi Klein Hyatt
Randi Klein Hyatt
10/23/2014
A former NCAA Division I soccer player at the University of Houston has filed a Fair Labor Standards Act (FLSA) collective action on behalf of herself and other Division I student-athletes. Samantha Sackos sued the NCAA and all of the NCAA Division I member schools, and claims that she should have been classified as a temporary employee of the schools as opposed to an uncompensated student-athlete. The lawsuit, filed this past Monday, can be found...
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Maryland Court Allows Satellite TV Installers Wage & Hours Claims to Proceed

Randi Klein Hyatt
Randi Klein Hyatt
10/22/2014
Maryland’s federal court recently permitted a collective action brought pursuant to the Fair Labor Standards Act (FLSA) to proceed to trial. In Butler, et al. v. Directsat USA, LLC, et. al. Jeffrey Butler filed suit on behalf of himself and other similarly situated satellite installation technicians pursuant to the FLSA, as well as Maryland’s Wage and Hour Law, Maryland’s Wage Payment and Collection Law and the District of Columbia’s Minimum...
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Court Rules Private Settlement Of FLSA Claims May Be Possible

Clifford Geiger
Clifford Geiger
09/19/2014
A different set of rules applies to settling wage and hours disputes under the Fair Labor Standards Act (FLSA).   Regular contract law does not apply, because the FLSA’s provisions are mandatory and generally are not subject to bargaining, waiver, modification by contract, or even settlement. Stated simply, an employee cannot waive his right to minimum wage or overtime. Therefore, for more than 30 years, since the Eleventh Circuit’s decision in...
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