Of the FLSA’s many highly technical exemptions from overtime, one that can require a detailed regulatory and factual analysis to properly apply, is the motor carrier exemption. In a new decision highlighting one of technical aspects of the exemption, the United States Court of Appeals for the Eighth Circuit ruled that the proper measure of
Minimum Wage
DOL Announces App Competition Incorporating Employer Violation Data
Building upon its prior efforts to leverage contemporary technology, the Department of Labor has announced an “app” competition, inviting the public to create an app to incorporate its data regarding labor investigations “with consumer ratings websites, geo-positioning Web tools, and other relevant data sets, such as those available from state health boards.” This is…
New Jersey Federal Court Dismisses Truck Driver Misclassification Claims
Even as the New Jersey legislature contemplates amendments to the law (similar to those enacted in New York) limiting the classification of certain truck drivers as independent contractors, a New Jersey federal judge has granted an industry employer’s motion to dismiss claims that its drivers were misclassified as independent contractors. Luxama v. Ironbound Express, …
Intern Filings Seeking Alleged Unpaid Wages Continue
In the wake of the first substantive decisions issued as part of the growing trend of wage-and-hour claims being initiated by interns recently seeking alleged unpaid minimum wages and overtime, several more high profile filings have become public over the last few weeks, including most recently a claim against popular internet media conglomerate Gawker. Mark, …
Connecticut Governor Malloy Signs Minimum Wage Increase Into Law
Joining its neighbor New York, as per a bill signed into law on June 6, 2013 by Governor Dannel P. Malloy, Connecticut’s state minimum wage will increase. Effective January 1, 2014, the minimum wage increases 45 cents (from $8.25 to $8.70) and a second increase of 30 cents takes effect on Jan. 1, 2015 bringing…
Manhattan Judge Analyzes Appropriate Standard for Intern Determination, Denies Class Certification
In a significant victory for employers in the series of hotly contested cases regarding the status of interns, the Hearst Corporation successfully defeated class certification under the New York Labor Law. Xuedan Wang v. Hearst Corp., 2013 U.S. Dist. LEXIS 65869 (S.D.N.Y. May 8, 2013).
As important to wage/hour practitioners and employers as…
Text of NY Minimum Wage Bill Finalized
The text of the New York legislature’s proposed minimum wage increase confirms increases as previously reported:
· $8.00 on and after December 31, 2013
· $8.75 on and after December 31, 2014
· $9.00 on and after December, 2015.
Per the language of the amendment, the minimum wage requirements for food service…
Progress Towards NY Minimum Wage Hike
Reports indicate that the New York State legislature and Governor Cuomo have tentatively reached agreement regarding the terms of the anticipated proposed increase in the state’s minimum wage. As portrayed in news coverage, the latest proposal would increase the minimum wage to $8/hour in 2014, $8.75/hour in 2015 and $9/hour by 2016, but not tie further…
Kansas Supreme Court: Exotic Dancers Employees, Not Independent Contractors
Among the types of service providers who consistently challenge their classification as independent contractors are exotic dancers, who allege that they are employees of the night club or clubs at which they perform. This allegation can give rise to a host of claims relating to wage-and-hour law, including minimum wage, overtime and gratuities-based claims, as…
Eleventh Circuit: “Externs” Who Received Academic Credit Are Not Employees Under FLSA
As discussed in this space just last week, there is an ongoing war regarding compensation of interns under the FLSA. In a victory for employers, last week, the United States Court of Appeals for the Eleventh Circuit ruled that individuals completing externships relating to their enrollment in MedVance Institute’s Medical Billing and Coding Specialist program …