Header graphic for print
Wage & Hour Law Update

Category Archives: States

Subscribe to States RSS Feed

Ohio Judge: Mortgage Underwriters Properly Classified As Exempt Administrative Employees

The exempt status of loan officers continues to make headlines as the Mortgage Bankers Association presses for Supreme Court affirmance of its successful challenge to a DOL opinion regarding the applicability of the administrative exemption to those workers.  A new court decision highlights the fact intensive nature of exemption inquiries, and also the potentially misleading… Continue Reading

Clarifying Recent Legislative Amendment, Nebraska Supreme Court Addresses Entitlement To Commissions Under State Law, Contract

As we recently discussed, while the FLSA does not regulate the payment of incentive compensation (such as, for example, commissions and bonuses), many state laws do.  In Nebraska, an employee’s right to commissions is governed by a recently amended statute, Nebraska Revised Statute § 48-1229(4).  A new decision from that state’s highest court addresses an… Continue Reading

Remaining In Minimum Wage Vanguard, Seattle Announces Minimum Wage Increase To $15.00/Hour

We recently reported on the decision of SeaTac, a Washington municipality and site of Sea-Tac Airport, to raise its minimum wage to $15/hour, the subject of subsequent, ongoing litigation.  Now, the City of Seattle itself has, through its City Council, passed similar legislation seeking to raise the City’s minimum wage ultimately to the same $15.00/hour… Continue Reading

Illinois Court Rejects Attorney’s Claim For Alleged Unpaid Bonus

Similar to the wage-and-hour enforcement scheme of many other states including New York, in Illinois, the payment of incentive compensation is largely a matter of contract.  Entitlement to incentive compensation, in particular bonuses paid pursuant to a company policy taking into account many criteria, under the governing statute attaches when the terms of the contract… Continue Reading

Eastern District of New York Senior Judge Deems FLSA Allegations Of Overtime, Contractor Misclassification Inadequately Pled

Following the Second Circuit’s clarification that an FLSA plaintiff must provide “sufficiently developed factual allegations” regarding hours worked (DeJesus v. HF Mgmt. Servs., LLC, 726 F.3d 85, 89-90 (2d Cir. 2013)), District Courts both within and outside the Circuit have sought to apply that standard to Fair Labor Standards Act complaints.  In one of the… Continue Reading

NMB Finds Medical Helicopter Service Subject to Railway Labor Act

The determination of whether an entity is covered by the Railway Labor Act impacts compensation strategy and potential liability as the FLSA exempts from its overtime requirement individuals employed by such air carriers.  The coverage determination is made by the National Mediation Board (NMB), which recently issued new opinion re-confirming the applicability of the Railway… Continue Reading

California Court Upholds Employer’s Classification of Registered Dietitians as Exempt ”Professionals”

As the healthcare field continues to expand to meet evolving standards of care and government regulations, industry employers have created or modified categories of professional employees to meet business and medical needs.  New positions have been created which are not addressed by name in existing DOL regulations and case law concerning applicability of the learned… Continue Reading

Florida Judge: LPN Who Administered Workers’ Comp Program Was Exempt Administrative Employee

Judge William Terrell Hodges of the United States District Court for the Middle District of Florida recently ruled that an employee with an LPN degree who was responsible for managing an employer’s workers’ compensation claims qualified for the administrative exemption.  Hodge v. ClosetMaid Corp., 2014 U.S. Dist. LEXIS 45490 (M.D. Fla. Apr. 2, 2014). In… Continue Reading

MLB All-Star Weekend Volunteers Not Employees Under FLSA

Judge John G. Koeltl from the Southern District of New York has dismissed the minimum wage claims of an individual who served as a volunteer at last year’s Major League Baseball All Star Weekend FanFest, held at New York City’s Javits Center, based on the “amusement or recreational establishment” exemption.  Chen v. Major League Baseball,… Continue Reading

Illinois Supreme Court Upholds Construction Industry Misclassification Statute

Illinois’ highest court upheld that state’s six year old statute imposing strict penalties for employee misclassification in the construction industry, the Illinois Employee Classification Act.  Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). In Bartlow, Rhonda and Jack Bartlow were partners in a roofing company who contested a finding under the Act made by the… Continue Reading

New York Legislature’s Second “Fair Play Act” Enacted to Cover Commercial Goods Transportation Industry

On the heels of similar legislation passed in 2010 for the construction industry, and consistent with the state’s continuing focus on alleged misclassification of service providers as independent contractors, the New York state legislature recently passed the Transportation Industry Fair Play Act, N.Y. Labor Law § 862 et seq.  This legislation creates a “presumption of… Continue Reading