Tag Archives: Wage and Hour

Every Minute Counts: Should Californian Employers Record Every Minute Worked?

In July, the California Supreme Court issued its opinion in Troester v. Starbucks Corp., holding that the federal wage laws that excuse companies from paying workers for de minimis work, i.e. small amounts of time that are difficult to record, do not apply under the California wage and hour standards. The de minimis rule has … Continue Reading

The Unpaid Internship: Who “Really” Benefits from This Arrangement?

Many of us spent summers working as interns, getting access to the industry of our choice, making contacts, learning – and yes running errands and filing and stuffing envelopes and doing other “grunt” work. Most young people value this experience, not for the money, but for the exposure, the contacts and the experience. The world … Continue Reading

New York Attorney General’s Office Demands “On Call Shift” Information From Retailers

As reported in various media outlets, the New York Attorney General’s office recently sent a request to several retail employers who do business in New York for information concerning their practices of scheduling employees for “on-call” shifts. Some retailers utilize on-call shift scheduling in order to ensure flexibility and control labor costs.  Indeed, it is … Continue Reading

FLSA Trends: A Mixed Bag with a Silver Lining

It came as no surprise, as reported in a Law360 analysis on May 2, that cases brought under the Fair Labor Standards Act (FLSA) continue to trend upward.  The FLSA was for many years a sleepy, antiquated, Depression-era statute the that saw only moderate litigation.  But the plaintiffs’ bar woke up to the complexity – … Continue Reading

After Second Circuit Decision, Oral Complaint to Employer May Support FLSA Retaliation Claim

Under the federal Fair Labor Standards Act (“FLSA”), it is unlawful “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint … related to” the FLSA. Previously, the Second Circuit held that only an employee who actually filed a formal written complaint with a government agency was … Continue Reading

The Seventh Circuit Further Clarifies FLSA Overtime Exceptions…For Window Washers

A recent Seventh Circuit decision  may provide ammunition for employers defending FLSA claims brought by commission-based employees or employees who work irregular hours. In Ramon Alvarado, et al. v. Corporate Cleaning Services, Inc., et al., No. 13-3818 (7th Cir. April 1, 2015),  the plaintiffs were 24 window washers employed currently or formerly by Corporate Cleaning … Continue Reading

D.C.’s Wage Theft Amendment Takes Effect February 26, Imposes New Notice and Hours Recording Obligations on Employers

In September 2014, the Council of the District of Columbia enacted the Wage Theft Prevention Amendment Act of 2014 (the “Amendment’). The Amendment takes effect on Thursday and amends four D.C. employment law statutes, including its minimum wage, wage payment, and paid sick leave statutes. This post will focus on key changes to the Minimum … Continue Reading

Payless Pays More in Connecticut FLSA Settlement with Store Managers Seeking Overtime Wages

Following on the increase in wage class actions, this week brings us a hefty settlement for shoe retailer, Payless Shoesource Inc.  Last March, former Payless store managers filed suit in Connecticut federal court, accusing the company of misclassifying them as exempt and failing to pay them overtime.  The original case was then combined with a … Continue Reading

Court of Appeals Rules that Even Rigorous Timekeeping and Reporting Policies Cannot Overcome Imputed Knowledge of Overtime

On January 15, The Eleventh Circuit rejected an oft-used defense in employment cases – that an employee’s violation of company policy should relieve the employer from liability under the equitable defense of “unclean hands” or “in pari delicto” (Latin for “in equal fault”). In Bailey v. TitleMax of Georgia, plaintiff Santonias Bailey brought suit under … Continue Reading

Snow Day…No Pay?? Paying Employees for Weather-Related Office Closures

Winter storms have hit various parts of the country over the past two weeks, and spring temperatures are still months away. In the face of inclement weather, employers frequently have questions about whether they must pay their employees in the event of office closures due to snow. For non-exempt employees—whether hourly or salaried—the answer is … Continue Reading

Another One Bites the Dust: Burberry Latest Fashion House Hit with Intern Class Action

Anyone who follows the employment litigation docket knows that lawsuits by unpaid (and often, subsequently unemployed) interns have turned into the claim-du-jour in many parts of the country.  Following the recent onset of wage class actions brought by former interns against fashion and media industry powerhouses, last week Burberry became the latest luxury retailer victim.  Former … Continue Reading

Barbara Hoey and Mark Konkel Speaking at Kelley Drye IN FASHION Event

Blog co-editors Barbara Hoey and Mark Konkel will be speaking at IN FASHION, Kelley Drye’s Fashion & Retail Law Summit, on January 22nd. The event, taking place at the Affinia Manhattan, will feature discussion on the latest legal and regulatory issues facing executives and in-house counsel in the fashion and retail sectors. Speakers include Roger … Continue Reading
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