Before the election the Department of Labor asked the Fifth Circuit Court of Appeals to expedite its appeal regarding the validity of the DOL’s Final Rule, which increased the salary level for the white collar exemptions. Earlier this week, however, following the inauguration of President Trump, the Department of Labor made the opposite request, asking
status
Industrial Board of Appeals Hears Arguments Regarding New York Fast Food Wage Order
By Noel P. Tripp on
Posted in New York State, Tips and Tipped Employees
Last week, the New York Industrial Board of Appeals (an arm of the New York Department of Labor) heard oral argument on the National Restaurant Association’s petition to invalidate the Department of Labor’s recent Fast Food Wage Order. If implemented, the Wage Order, which is scheduled to take effect on December 31, 2015, would…
Florida District Court Rejects “Willful” Allegation, Dismisses Misclassification Claim
By Noel P. Tripp on
Posted in Damages
In Florida, where state law only obligates employers to pay minimum wage (but not overtime) and FLSA litigation remains rampant, the FLSA limitations period is of particular importance in overtime disputes, particularly in regard to whether the limitations period is extended from two to three years based on a finding that the violation was…
Another Petition for Certiorari to US Supreme Court Filed Seeking Clarity As to FLSA Status of PSR’s
By Noel P. Tripp on
Posted in Exemptions
As often discussed in this space and elsewhere, Courts continue to widely differ in their analysis as to whether the administrative and/or outside sales exemptions are applicable to pharmaceutical sales representatives. Now, the Supreme Court will have another opportunity to weigh in on the applicability of the outside sales exemption to such employees, as the plaintiffs…