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Wage & Hour

Court Grants Conditional Class Certification For Police Officers’ Overtime Claim Based On After Hours Blackberry Use

On January 14, 2013, a federal district court approved a Chicago police sergeant’s request for conditional certification of an FLSA collective action for unpaid overtime wages.  Allen v. Chicago, No. 10-03183 (N.D. Ill. Jan. 14, 2013). The lawsuit alleges that the Chicago Police Department failed to pay police officers overtime pay for time spent working on […]

Rite Aid’s Full-Day Unpaid Leave Policy Valid under FLSA

Three former Rite Aid pharmacists filed a class action suit against the national retain drugstore chain, seeking overtime pay under state and federal laws.  The professionals contended that Rite Aid’s unpaid personal leave policy disqualified them from exempt status under the Fair Labor Standards Act (FLSA), and impermissibly reduced their salaries.  Maryland’s federal district court […]

Maryland Extends Personal Liability to Individuals Under State Wage Payment Law

In Campusano v. Lusitano Construction, LLC, et al., No. 1529 (Md. Ct. Spec. App. Nov. 21, 2012) (Matricciani, J.), the Maryland Court of Special Appeals concluded that individuals may be “employers” and therefore be liable under Maryland’s Wage Payment and Collection Law (MWCPL). Francisco de Oliveria worked for his son’s business, Lusitano Construction, LLC.  As a supervisor of […]

Four More Years: What Does Obama’s Reelection Mean for Employers?

With the results of the Presidential election now in, its time to answer a question I’ve heard from a number of clients today: what does President Obama’s reelection mean for employers?  The short answer: you can expect to see a lot of blog posts from us about aggressive enforcement initiatives by the NLRB, DOL, EEOC, […]

Hurricane Sandy and Some Employment Issues To Consider

With many offices closed today, and more likely to remain and be closed tomorrow, we wanted to remind employers about pay rules in place for weather-related closings. Most exempt employees who are paid on a salary basis are not subject to pay reductions because of a business closure.  Indeed, even if an exempt employee misses […]

New York Expands Scope of Permissible Employer Deductions from Wages

For almost 50 years, New York has had one of the most restrictive state laws on deductions from wages.  Under Labor Law Section 193, wage deductions were permissible only when required by law or limited to “payments for insurance premiums, pension or health or welfare benefits, contributions to charitable organizations, payments for United States bonds, […]

New Lactation Law May Provide Basis for Retaliation Claim

By Eric Paltell One of the more obscure provisions of the Patient Protection and Affordable Care Act (a/k/a “Obamacare”) amends the Fair Labor Standards Act (“FLSA”) to require employers to provide break time and a private place for employees to express breast milk for nursing children.  Although the amendments did not expressly give employees a right […]