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Eleventh Circuit rules on FLSA “nursing mothers” provision
- Proskauer Rose LLP
- -
- USA
- -
- January 16 2013
On December 26, 2012, the Court of Appeals for the Eleventh Circuit issued the first decision by a federal Court of Appeals concerning the provisions
New York's highest court re-affirms at-will employment rule
- Proskauer Rose LLP
- -
- USA
- -
- May 16 2012
In a 5-2 decision, the New York State Court of Appeals in Sullivan v. Harnisch, No. 82, 2012 N.Y. Slip. Op. 03574 (N.Y. May 8, 2012), refused to extend to compliance officers an exception to the employment-at-will doctrine articulated in Wieder v. Skala, 80 N.Y.2d 628 (1992
Second Circuit narrowly reads FLSA exemptions in Novartis ruling
- Proskauer Rose LLP
- -
- USA
- -
- July 27 2010
The U.S. Court of Appeals for the Second Circuit issued a significant and potentially far-reaching decision, recently, when it held that Novartis’ pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”) and related New York and California laws
U.S. Supreme Court unanimously overturns Ninth Circuit, finding employer's review of personal text messages reasonable
- Proskauer Rose LLP
- -
- USA
- -
- June 17 2010
Today, in a decision authored by Justice Anthony Kennedy, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case involving an employee’s assertion that a government employer had violated the Fourth Amendment by unreasonably obtaining and reviewing personal text messages sent and received on employer-issued pagers
New York courts are likely to defer to NYSDOL opinion letter prohibiting deductions for wage overpayments
- Proskauer Rose LLP
- -
- USA
- -
- June 2 2010
In a recently published Opinion Letter (RO-09-0152), the New York State Department of Labor (NYSDOL) stated its position that where an employee is accidentally overpaid, a New York employer is prohibited from recouping the overpayment by making deductions from the employee's paychecks (even if authorized by the employee) or requiring the employee to repay the money by separate transaction
FLSA suits in healthcare highlight payroll practice issues
- Proskauer Rose LLP
- -
- USA
- -
- April 13 2010
A number of plaintiffs' law firms have set up websites devoted to hospital overtime and class action lawsuits, and at least one firm has sent personalized letters to employees of no less than 20 hospitals in the New York City area alone, asking for consent to file wage-hour actions on their behalf
Administrative vs. productionsales work
- Proskauer Rose LLP
- -
- USA
- -
- February 24 2010
In Whalen, the Second Circuit ruled that a former loan underwriter for J.P. Morgan Chase & Co. (“Chase”) was not exempt from overtime pay as an Administrative employee because his primary duty selling loan products under detailed directions provided by Chase and at Chase’s offices involved production, not administrative work
Tip of the month
- Proskauer Rose LLP
- -
- USA
- -
- February 24 2010
How can your company avoid the millions of dollars in monetary damages and litigation costs recently experienced by Staples, Merrill Lynch, and Apple Inc
Practice pointer
- Proskauer Rose LLP
- -
- USA
- -
- February 24 2010
The Second Circuit's opinions in Whalen and Reiseck reveal that employers who fail to take a considered approach when making exemption determinations under the FLSA's intricate regulations and evolving caselaw will do so at their peril
Employer beware: misclassifying employees under the FLSA’s administrative exemption can be costly
- Proskauer Rose LLP
- -
- USA
- -
- February 24 2010
Two recent decisions by the U.S. Court of Appeals for the Second Circuit provide employers with helpful guidance on the proper application of the Administrative exemption to the overtime pay requirements under the Fair Labor Standards Act
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- Jurisdiction - USA
- Workarea - Employment & Labor
- Workarea - Litigation
- Firm Name - Proskauer Rose LLP
- Author - Marc A Mandelman
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