The U.S. House of Representatives yesterday voted 246 to 177, largely along party lines, in favor of legislation which would delay the rule’s effective date by six months, from December 1, 2016, to June 1, 2017. Prior to the anticipated late night vote on the bill in the House, Senator James Lankford (R-Okla.) introduced
Coverage
Legislation Introduced To Delay Overtime Rule
By Jackson Lewis P.C. on
Posted in Department of Labor
Following a pair of lawsuits aimed at blocking the Labor Department’s “white collar” overtime rule, House Subcommittee on Workforce Protections Chair Tim Walberg (R-Michigan) introduced legislation which would delay the rule’s effective date by six months, from December 1, 2016, to June 1, 2017. The proposed legislation, entitled The Regulatory Relief for Small Businesses, Schools,…
New York’s Fast Food Wage Board Confirms: $15/Hour
By Noel P. Tripp on
Posted in Minimum Wage, New York State
In a televised meeting this afternoon, New York’s recently-convened Fast Food Wage Board confirmed industry employers’ fears and announced its unanimous recommendation that the wage for “fast food employees” in “fast food establishments” be increased to $15/hour by December 31, 2018 in New York City and by July 1, 2021 in the rest of New…
Eleventh Circuit Affirms: No Individual Coverage of “Local” Painter of Pleasure Boats
By Noel P. Tripp on
Posted in Coverage
While FLSA coverage—both so-called “enterprise” based coverage and individual coverage of a specific worker—remains broad, such coverage generally does not extend to individuals who do not work for a covered enterprise and do not “directly participate in the actual movement of persons or things in interstate commerce.” In reviewing a trial court decision, the Court…
NMB Finds Medical Helicopter Service Subject to Railway Labor Act
By Noel P. Tripp on
Posted in Uncategorized
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…
Federal Judge Holds That Accessing Recipes Via Internet Does Not Trigger FLSA Coverage
By Noel P. Tripp on
Posted in Coverage
In a case addressing coverage under the FLSA, Federal Judge Ramona V. Manglona from the District of the Northern Mariana Islands held coverage was not triggered merely because a cook in Saipan accessed the Internet to obtain recipes. Dean v. Pac. Bellwether, LLC, 2014 U.S. Dist. LEXIS 15797 (D. N. Mar. I. Feb. 6,…
Federal Appeals Court Affirms Ruling That Public Sector Union President Was “Volunteer” Outside Protection Of FLSA
By Noel P. Tripp on
Posted in Uncategorized
Courts continue to wrestle with claims brought by individuals treated by businesses as outside the scope of the FLSA’s minimum wage and overtime requirements. Many of these claims are asserted by individuals classified as volunteers and of course interns, all claiming to be employees entitled to the protections of the FLSA. In one such…
State of Vermont Invokes Sovereign Immunity (Finally), Defeats FLSA Collective Action
By Noel P. Tripp on
Posted in Coverage
In a case involving an uncommon number of legal twists and turns, the State of Vermont has convinced a federal Judge to uphold its sovereign immunity from suit under the FLSA. Coniff v. Vermont, 2013 U.S. Dist. LEXIS 143494 (D. Vt. Sept. 30, 2013).
Generally speaking, states are immune from claims brought by private…
District of Columbia Federal Court Rules Trade Association Not FLSA Enterprise
By Noel P. Tripp on
Posted in Coverage
As we recently discussed, there are exceptions to the FLSA’s broad coverage provisions. One such FLSA exception pertains to organizations—often not-for-profits—which are not “enterprises”, defined as a person or persons performing related activities “for a common business purpose.” A recent decision from the United States District Court for the District of Columbia is instructive as the…
New York Judge Concludes That Employer with One Employee Not Covered by FLSA
By Noel P. Tripp on
Posted in Coverage
While the FLSA’s coverage is broad, it does not extend to all employment scenarios. In a new decision addressing the common employment scenario where a building owner employs a single worker to serve as a janitor and handle miscellaneous tasks, Magistrate Judge Ramon E. Reyes of the Eastern District of New York ruled that such…