Wage & Hour Archives - Page 9 of 12 - Kollman & Saucier P.A.

Unpaid Student Nurses Get Clearance To Proceed With Wage Claims

Kollman & Saucier

09/20/2015

Unpaid interns have long been a questionable group from a wage and hour risk perspective. In Schumann v. Collier Anesthesia, P.A., No. 14-13169 (11th Cir. 2015), the Eleventh Circuit joined the Second and Sixth Circuits in setting aside the "antiquated" Department of Labor six-factor internship analysis in favor of a more stringent "primary beneficiary" test. In Schumann, 25 unpaid student registered nurse anesthetists participated in a clinical...

Darrell VanDeusen

09/18/2015

Wage & Hour

That headline makes no sense, right? Well, according to the Fifth Circuit, it’s possible that employees who are required to take meal breaks away from their posts (or desk or cubicle, I suppose), may be entitled to pay for the time they spend “in transit” to the break site. Naylor v. Securiguard, Inc., 2015 U.S. App. LEXIS 16421 (5th Cir. Sept. 15, 2015). Security guards at the Mississippi U.S. Naval Air Station Meridian are required to...

Kollman & Saucier

07/10/2015

Independent Contractors, Wage & Hour

The United States Court of Appeals for the Second Circuit recently established a new test to determine whether an individual should be classified as an intern, and thus not subject to the FLSA and local wage and hour law. Rejecting the test employed by the Department of Labor (which filed an amicus brief with the appellate court), the Second Circuit’s new test is less rigid and seems, at least at first blush, to give more weight to the educational...

Kollman & Saucier

07/02/2015

Agency Activity, Wage & Hour

On June 30, 2015, the Obama Administration unveiled a long-anticipated proposed rule increasing the threshold amount required to be paid to certain salaried workers before they are exempt from receiving overtime. The current rule is that any salaried worker who earns below $455 a week or $23,660 per year (i.e., less than the poverty line for a family of four) must receive overtime. The proposed rule would more than double that to $50,440 (i.e. close...

Kollman & Saucier

05/06/2015

Agency Activity, Wage & Hour

Secretary of Labor Thomas Perez reported on the Department’s blog yesterday that he has submitted a proposed revised rule to the Office of Management and Budget to address what President Obama believes are deficiencies in federal laws governing overtime pay. Working off the assumption that overtime pay rules have eroded over the years and that a high number of salaried workers who should be getting overtime are not eligible for overtime pay, the...

Kollman & Saucier

04/29/2015

Wage & Hour

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)....

Kollman & Saucier

03/26/2015

Wage & Hour

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...

Kollman & Saucier

03/11/2015

Agency Activity, Supreme Court Decisions, Wage & Hour

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...

Kollman & Saucier

02/12/2015

State Law, Wage & Hour

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...

Kollman & Saucier

12/18/2014

Class Actions, Wage & Hour

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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Unpaid Student Nurses Get Clearance To Proceed With Wage Claims

Time To Get To Take A Meal Break May Be Compensable

Second Circuit Adopts New Intern Test

Obama Administration Seeks to More Than Double Salary Requirement for Overtime Exemption

DOL Announces Revised Overtime Regulations

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

More on the Dangers of Unsupervised FLSA Settlements

Supreme Court Okays DOL's FLSA Interpretative Rule Change

D.C. Amends Wage Theft Prevention Act to Remove Exempt Employee Time Tracking Requirement

The Next Big Supreme Court Labor & Employment Class Action Case May Be Here

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Category: Wage & Hour

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