Monthly Archives: January 2012

New York To Consider Proposed Minimum Wage Increase

As widely reported (including here and here), a bill will be introduced today in the New York Assembly to raise the state’s minimum wage from $7.25 to $8.50, beginning next year. Specifics of the proposed increase are not yet available. This push comes as no surprise to students of the state’s minimum wage, which has historically outpaced … Continue Reading

New USDOL Fact Sheet Discusses FLSA Retaliation

Reflecting the Supreme Court’s 2011 decision regarding the scope of protected activity under the FLSA, the U.S. Department of Labor has issued Fact Sheet 77A, summarizing the Department’s view of the FLSA’s anti-retaliation provision.    Simultaneously, the Department also issued fact sheets addressing retaliation under the FMLA and the Migrant and Seasonal Agricultural Worker Protection Act. … Continue Reading

Ohio Judge Rules Insurance Investigators Exempt as “Administrative” Employees

As the volume of FLSA lawsuits remains high, the frequency of collective action trials – once unheard of – has correspondingly increased. On January 5, 2012, following a bench trial, Judge Edmund Sargus, Jr. of the United States District Court for the Southern District of Ohio ruled that 91 current and former “special investigators” for defendant … Continue Reading

Courts Decertify Collective Actions Based On Auto-Deduct Claims, Citing Individualized Issues

As we have repeatedly discussed, use of a so-called “auto-deduct”, wherein a predetermined amount of time is automatically deducted from an employee’s hours of work to correspond to a meal period with the understanding that the employee will perform no work during that period, can give rise to individual or class claims that an employee … Continue Reading

With Signature on Omnibus Spending Package, President Obama Funds USDOL for 2012

On December 23rd, President Obama signed the $1 trillion omnibus spending act, which set the Labor Department budget at $14.5 billion for fiscal year 2012. This constitutes a $145.4M increase (approximately 1%) from 2011. The bill, which prevented any government shutdown from occurring, places five restrictions on U.S. Department of Labor activities during the funded period. These are: … Continue Reading

California Division of Labor Standards Issues Wage Theft Act Model Form

California has joined New York in requiring a new hire wage notification under its Wage Theft Prevention Act, with the California statute effective for all new hires on or after January 1, 2012. To assist employers, the California Division of Labor Standards Enforcement has issued its model form complying with the new law. The DLSE’s model form … Continue Reading
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