Supreme Court Limits Effectiveness of Rule 68 Offers as a Tool to Combat Class Action Litigation

2018-02-28T20:56:44+00:00 February 4th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, FLSA, Laws & Regulations, Litigation|Tags: |

Since the advent of modern class action litigation in the 1960s, companies have struggled to stem the tide of these time-consuming and expensive lawsuits. Consider the following strategy. After learning that a plaintiff has filed a putative class action against it, the company offers to fully and completely compensate the named plaintiff for its injuries,

Who’s in Charge? Burgers, Donuts, & the Bona Fide Executive Exemption to the FLSA’s Overtime Pay Requirements

2017-01-13T17:12:22+00:00 February 3rd, 2016|Categories: Adam M. Santeusanio, FLSA, Johanna Matloff, Laws & Regulations, Wage & Hour|

The First Circuit recently held that a material factual dispute existed as to whether store managers employed by Dunkin’ Donuts qualified as “bona fide executives” under the Fair Labor Standards Act (“FLSA”), and as such, were exempt from the FLSA’s overtime requirements. Marzuq v. Cadete Enters., 807 F.3d 431 (1st Cir. 2015) (hereinafter Dunkin’

DOL Now Enforcing Final Rule Extending FLSA Minimum Wage and Overtime Protections to Certain Home Care Workers

2017-01-13T17:13:17+00:00 December 29th, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In our blog posts on September 1 and September 15, 2015, we discussed the impact and implementation of Home Care Association of America v. Weil, a recent decision rendered by the Court of Appeals for the District of Columbia Circuit. In Weil, the court affirmed a Department of Labor (“DOL”) final rule extending minimum

Third Circuit Adopts “Predominant Benefit Test” for Meal Break Compensation under Fair Labor Standards Act

2017-01-13T17:14:10+00:00 December 22nd, 2015|Categories: Adam M. Santeusanio, FLSA, Human Resources Compliance, Johanna Matloff, Wage & Hour|

David works in a secretarial position for a very busy office. At least once a week, while David is trying to enjoy his lunch, his boss bursts through the door and leaves David with a pile of work to finish during his lunch break. While this scenario may seem routine in a busy workplace, employers

Update on the DOL’s Extension of FLSA Minimum Wage and Overtime Protections to Certain Home Care Workers

2016-12-15T18:04:13+00:00 September 15th, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In our blog post on September 1, 2015, we discussed the Court of Appeals for the District of Columbia Circuit’s recent affirmation of a Department of Labor (“DOL”) final rule that extends the minimum wage and overtime protections of the Fair Labor Standards Act (“FLSA”) to certain classes of home care workers. When issuing

Federal Circuit Upholds Department of Labor Regulation Excluding Home Care Workers Employed by Third-Party Agencies from Minimum Wage and Overtime Pay Exemptions under the Fair Labor Standards Act

2017-01-13T17:17:54+00:00 September 1st, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In a case that highlights the ever-evolving landscape of home health services, the Court of Appeals for the District of Columbia Circuit has upheld a United States Department of Labor (“DOL”) regulation extending the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA” or “Act”) to domestic service workers employed by third

Proposed Updates to the FLSA’s Overtime Regulations Could Affect Millions of Employees

2017-01-13T17:19:58+00:00 July 14th, 2015|Categories: Anthony Bova, FLSA, Human Resources Compliance, Laws & Regulations, Wage & Hour|

What’s the first thought that pops into your head when someone says, “overtime?” If you’re like me, you’ll think of the bonus period the Boston Bruins get to trounce the Montreal Canadiens in pulse-pounding, heartbreaking, devastating fashion. “Quick shot from the blue line, deflects off the post, SCORE! BRUINS WIN!” A nice thought, though the

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