Top FLSA Blogs
- Apple Bags a Big Win: District Court Grants Summary Judgment Against Class in Employee Bag Check Litigation – by Justin T. Curley, Amelia Sanchez-Moran, and Andrew M. Paley
Apple wins summary judgment in US District Court. Employees who banded together for a class action lawsuit against the tech titan, were served a motion for summary judgment that favored retailers all across the US. Employees brought class suit against Apple, claiming that hours spent having their bags and other personal items searched prior to going home was a violation of FLSA laws. The Court determined that the Defendant had the right to search bags without paying employees for their time. It was held that no matter what the reason for bringing a bag to work, employees were not entitled to be paid for the time it took for “bag checks” to be made. This ruling will affect all retailers, many of which have imposed similar policies to reduce internal theft at their locations.
- President Obama Announces That Threshold Salary for FLSA’s White Collar Exemptions Will Rise From $23,660 ($455/week) to $50,400 ($969/week) –
New proposed rules will favor salaried employees who make less than $50k per year. The amendment to overtime rules will now make it more difficult for employers to impose overtime exemptions for salaried employees. Sometime next year, new rules will make any employee with an annual salary below $50,400 eligible for overtime pay when working in excess of 40 hours per week.
- U.S. Department of Labor Cracks Down on Overtime Violations with $18M Halliburton Settlement – Welter Law Firm P.C.
The US Department of Labor investigators wrapped up a multi-year inquiry into Halliburton’s misclassification of salaried employees. Salaried employees that do not make more than $455 per week still must be paid time and a half for every hour worked above 40 hours in a single workweek. This violation, coupled with Halliburton’s failure to track employee hours and payroll led to a judgment of over $18 million. Department of Labor investigators are still looking into more violations within the oil & gas industry due to the recent boom.
- Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on October 13, 2015 – Gauri Punjabi
New regulations prohibit third-party home care employers from taking advantage of FLSA exemptions for domestic workers who reside with patients and provide “in-home” care. The regulation was aimed at limiting the broad scope of exemptions that were enacted 40 years ago. Since 1975, more third-party companies have taken over the in-home care industry and have been claiming exemptions to circumvent the FLSA minimum wage standards. The new regulation was struck down earlier this year by a DC District Court, but was reversed in August in the DC District Court of Appeals.
- Eleventh Circuit Joins Second Circuit in Holding the Unpaid Intern FLSA Classification Analysis Depends on the “Primary Beneficiary” of the Relationship. – Dan Long
Federal District Courts have reinforced the practice of unpaid internships by creating a virtual litmus test to determine whether or not unpaid interns can be classified as employees under FLSA. This test, known as the “Primary Beneficiary” analysis, examines who benefits in the intern-employer relationship. It also takes into account how employers abuse the exemption and whether or not the primary goal is training or administrative work.
- Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit – Michael Arnold
In a NY Federal District Court, it was held that an employee’s immigration records were not compulsory as discovery when trying cases under FLSA. The immigration status of a worker is not relevant in FLSA cases, as FLSA protections are granted to all workers, regardless of immigration status. Judge Francis held that “Federal courts have made clear that the protections of the FLSA are available to citizens and undocumented workers alike.”
The attorneys of Massey & Duffy serve the Gainesville, Ocala, Lake City area to protect your rights under the Fair Labor Standards Act. Is your employer denying you overtime pay, refusing to give you back-pay for wages earned or claiming you are exempt as an “independent contractor”? Call our office today to schedule a FREE Consultation with one of our attorneys who will guarantee you are paid for what you earned. Call (352) 505–8900 Today!