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Eleventh Circuit: “Necessary” Means “Used” - Not “Necessary” - When Determining “Handling Clause” Coverage Under FLSA
  • Ford & Harrison LLP
  • USA
  • July 19 2018

In Asalde v. First Class Parking Sys., a collective action for unpaid minimum wage and overtime, the United States Court of Appeals for the Eleventh

Voluntary overtime to be included in holiday pay for NHS staff
  • Lewis Silkin
  • United Kingdom
  • July 12 2018

In the latest decision on the vexed question of the correct calculation of holiday pay under the Working Time Regulations (“WTR”), the Employment

The Supreme Court Signals That Overtime Exemptions Will Be Interpreted Fairly (not Stringently), Marking a Shift in Favor of Employers
  • Wick Phillips
  • USA
  • May 1 2018

Last month, the Supreme Court ruled in favor of treating automobile service advisors as exempt from overtime and, in so doing, appears to have made

U.S. Supreme Court Announces New Standard for Interpreting FLSA Exemptions
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 11 2018

Rejecting a ruling by the United States Court of Appeals for the Ninth Circuit and nearly fifty years of prior court decisions, on April 2, 2018 the

Encino Motorcars, LLC v. Navarro: SCOTUS Puts The Brakes On Faulty FLSA Construction Language
  • Seyfarth Shaw LLP
  • USA
  • April 2 2018

Today, in a 5-4 opinion (Justice Thomas writing for the majority) the Supreme Court reversed the Ninth Circuit in Navarro et al. V. Encino Motorcars

“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases
  • Bradley Arant Boult Cummings LLP
  • USA
  • January 9 2018

Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the

In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule - But Not Just Yet
  • Mintz
  • USA
  • July 12 2017

Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule

Employer’s Attorney May Be Liable For Retaliation Under FLSA
  • Proskauer Rose LLP
  • USA
  • July 10 2017

José Arnulfo Arias worked as a milker for Angelo Dairy. The dairy did not complete and file a Form I-9 when it hired Arias. According to the appellate

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands
  • Proskauer Rose LLP
  • USA
  • May 17 2017

The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to be

Overtime Rule Remains in Limbo as Fifth Circuit Grants the DOL’s Request for Another Extension
  • Epstein Becker Green
  • USA
  • April 26 2017

As many will recall, the Department of Labor’s (“DOL”) overtime rule, increasing the salary threshold for overtime exemptions at the behest of the