Tag Archives: overtime eligible

Contract Attorney “Practiced Law,” Not Entitled To Overtime

In the latest chapter in the ongoing saga regarding contract attorneys claiming to be overtime eligible, Judge Ronnie Abrams of the Southern District of New York ruled that a contract attorney reviewing documents for litigation firm Quinn Emanuel was “practicing law” and thus exempt from overtime pursuant to 29 C.F.R. § 541.304(a)(1). Henig v. Quinn … Continue Reading

Ohio Federal Court Rules Home Care Agency Not Required To Pay Overtime To “Companions” During Temporary Vacatur Of New Federal Rules

Providing much needed guidance to industry employers still wrestling with fallout from the United States Department of Labor’s drastic reduction to the scope of the companionship exemption, District Court Judge Sandra S. Beckwith held this week that a home care agency properly relied on the temporary vacatur of the DOL’s new federal regulations in electing … Continue Reading

Home Care Fallout: Increased Institutionalization?

Five days into the DOL’s enforcement of the new rule rendering most home health aides eligible for overtime under the FLSA, questions abound regarding how state Medicaid and Medicare-funded programs will comply with the rule within their current budgets.  One new report cautions consumers of home health care and their advocates to be aware of … Continue Reading

DOL Policy Statement Delays (Government) Enforcement of Home Care Overtime Rule

In response to pressure from state governments and others fearing the increased cost of home care services, the Department of Labor announced Tuesday that it would delay its own enforcement of the new rule requiring that previously-exempt “companions” receive minimum wage and overtime.  The DOL’s Policy Statement stated that the DOL would not enforce the … Continue Reading

Manhattan Federal Court Finds Contract Attorney “Practiced Law,” Exempt From Overtime

An attorney and his lawyer made headlines recently when he asserted an FLSA claim against prominent Manhattan law firm Skadden Arps claiming the firm owed him overtime pay for his work as a contract attorney on large scale litigation handled by Skadden.  On Wednesday, Judge Richard J. Sullivan granted Skadden’s motion to dismiss the claim. … Continue Reading
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