Wagehourlitigation.com
Decertification Wage & Hour Litigation Blog
WEBPosted in Decertification. Co-authored by Christopher M. Cascino and Jennifer A. Riley. Seyfarth Synopsis: A federal district court last week decertified and effectively grounded a collective action of O’Hare Airport janitorial staff who claimed that their employer forced them to work off-the-clock without compensation. This decision, Solsol v.
Actived: 1 days ago
Thank You, Next Guidance Please
WEBBy: Catherine M. Dacre and Christina Jaremus The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”). . The Guidance is a helpful aide in understanding general wage and hour principles during the …
As COVID-Driven Remote Work Arrangements Continue, Wage …
WEBBy: Brian A. Wadsworth and Andrew L. Scroggins As COVID-19 cases surge again in the United States, state and local governments continue to recommend or require remote work arrangements, and some employers have already announced plans to permit remote work to continue well into 2021 and even beyond.
In Sickness and in Health: Connecticut Becomes the First State to
WEBAuthored by Michael Fleischer. If a Connecticut employer does not already provide paid sick leave to its employees, it may now be required to do so. On June 8, 2011, Governor Daniel Malloy signed into law An Act Mandating Employers Provide Paid Sick Leave To Employees, Public Act No. 11-52, which made Connecticut the first state in …
It Is A Global Pandemic, But Is It An FLSA Emergency
WEBThe COVID-19 global pandemic is uncharted terrain in many ways, including the emergency regulation for exempt status. Based on precedent and corresponding guidance, the pandemic has all the hallmarks of an emergency under the FLSA—wholly beyond employers’ controls, unanticipated, not reasonably provided for in the normal …
Home Health Care Agencies Feeling Sick After Friday’s Circuit …
WEBCo-authored by Gena Usenheimer and Jade Wallace As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption.On Friday, the U.S. Circuit Court of Appeals for the District of Columbia upheld the DOL’s proposed …
Home Health Care Agencies Find Companion in Federal Court
WEBCo-authored by Gena B. Usenheimer and Jade Wallace. The close of 2014 presented a host of potential problems for home health care providers. As a result of new Department of Labor (“DOL”) regulations changing the federal “companionship” exemption from overtime and minimum wage requirements, many home health care agencies have been bracing …
Federal Government Suspends Long-Haul Truckers’ Hours of …
WEBBy: Nolan R. Theurer, Ryan McCoy, and Kyle Petersen Seyfarth Synopsis: Effective April 8, 2020, the Federal Motor Carrier Safety Administration (“FMCSA”) extended an emergency rule suspending “Hours of Service” rules that generally limit the number of hours certain truck drivers can stay on the road. This marks the first time that the Hours …
DOL Issues Opinion Letter Providing Guidance On The Legality Of …
WEBBy Christopher M. Cascino. Seyfarth Synopsis: The DOL issued an opinion letter approving a pay model where an employer in the home health field paid its employees at an hourly rate for time spent with patients without additional hourly pay for time spent by the employees traveling to and from patient homes. In that same letter, the …
1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND …
WEB1 actions brought by the same law firm, Thomas & Solomon LLP, 2 against numerous healthcare entities in the region. A dozen 3 of them are currently on appeal before this Court.2 4 The FLSA claims focused on alleged unpaid overtime.
COVID-19 Employment Litigation Trends
WEBBy: Matthew Gagnon, Steve Shardonofsky, Jim Swartz, and Coby Turner The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis.
WEIL CONFIRMED AS ADMINISTRATOR Wage & Hour Litigation …
WEBAuthored by Alex Passantino. Today, for the first time in a decade, the Wage & Hour Division has a Senate-confirmed Administrator. In last night’s 51-42 vote, the Senate confirmed Dr. David Weil as the Administrator of the U.S. Department of …
Child Labor Law Penalties on the Rise – Employers Face Various …
WEBBy: A. Scott Hecker and Ariel Fenster Seyfarth Synopsis: Child labor laws remain fertile ground for government enforcement as evaluate key issues for 2024.Late last year, the Wage Hour Division released guidance for new processes to assess greater penalties against companies who violated child labor laws.
Behind the “Magic-8 Ball”: Supreme Court Hears Argument in Sutter
WEBCo-authored by Richard Alfred and Patrick Bannon. Can an employer that has agreed to arbitrate “all disputes” with its employees be required to participate in “class arbitration,” even if its arbitration agreement doesn’t mention class proceedings?
(Arbitration) w/10 (Important Win For Employers): Sixth Circuit’s …
WEBAuthored by Patrick Bannon. Can an employer that has agreed to arbitrate “all disputes” with its employees be required to participate in “class arbitration,” even if its arbitration agreement doesn’t mention class proceedings?
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