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

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

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,

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

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

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

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