Following the DOL’s controversial 2010 Administrative Interpretation concluding that the administrative exemption to overtime does not apply to mortgage loan officers, numerous industry responses followed, including a Mortgage Bankers Association (MBA) lawsuit challenging the Interpretation. The MBA suit was initiated pursuant to the Administrative Procedure Act (APA) and sought a court ruling that the DOL
lawsuit
Huffington Post Wins Victory In Bloggers’ Compensation Suit
By Noel P. Tripp on
Posted in Coverage
The FLSA does not expressly contemplate unpaid volunteer work. And, as we have previously noted, the DOL accepts the non-payment of “interns” only when certain constraints are met. From time to time, providers of online content to web sites, whether paid or unpaid, bring claims that the form of payment provided to…
Industry Association’s Challenge New USDOL Tip Credit Rule
By Noel P. Tripp on
Posted in Department of Labor
The hospitality industry remains a favorite target for wage/hour lawsuits. On June 16, 2011, a group of industry associations led by the National Restaurant Association filed a lawsuit of its own in the District Court for the District of Columbia, challenging the new DOL regulations effective in May expanding the notice requirements associated with taking…
New York Restaurant Litigation Continues…Claims A Casualty?
By Noel P. Tripp on
Posted in New York State
Despite the recent revised Hospitality Wage Order, the culmination of a multi-year process seeking to bring clarity to the at-times murky wage/hour regulations governing New York restaurants, litigation over these issues continues unabated. This phenomenon was ably remarked upon in a recent New York Times editorial by Zagat’s guide founder Nina Zagat. Now, the most recent…