Andrea M Kirshenbaum And Darren M Creasy

September 30, 2016 | The Legal Intelligencer

On May 23, the U.S. Department of Labor (DOL) published in the Federal Register its long-awaited final rule implementing new minimum ­salary thresholds for the "white collar" exemptions to the Fair Labor Standards Act's (FLSA) overtime requirements. On Sept. 20, 21 states and the U.S. Chamber of Commerce, joined by numerous business groups, filed separate lawsuits seeking to enjoin the final rule from taking effect on Dec. 1.

By Andrea M. Kirshenbaum 
and Darren M. Creasy

16 minute read

July 06, 2015 | The Legal Intelligencer

On June 30, the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, which contains a new minimum salary threshold for workers to qualify for "white-collar" exemptions to the Fair Labor Standards Act overtime requirements. Most significantly, the DOL's proposed new minimum salary threshold for the "executive," "administrative" and "professional" exemptions from overtime pay, which are pegged to the earnings percentiles for full-time salaried workers, would more than double the current salary basis of $23,660 per year ($455 per week). The DOL also proposed raising the salary floor for the "highly compensated employee" exemption.

By Andrea M. Kirshenbaum and Darren M. Creasy

9 minute read

July 06, 2015 | The Legal Intelligencer

On June 30, the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, which contains a new minimum salary threshold for workers to qualify for "white-collar" exemptions to the Fair Labor Standards Act overtime requirements. Most significantly, the DOL's proposed new minimum salary threshold for the "executive," "administrative" and "professional" exemptions from overtime pay, which are pegged to the earnings percentiles for full-time salaried workers, would more than double the current salary basis of $23,660 per year ($455 per week). The DOL also proposed raising the salary floor for the "highly compensated employee" exemption.

By Andrea M. Kirshenbaum and Darren M. Creasy

9 minute read

April 07, 2014 | The Legal Intelligencer

If, as Benjamin Franklin famously said, an ounce of prevention is worth a pound of cure, then it is no wonder employers are conducting wage-and-hour audits in record numbers. Wage-and-hour claims continue to outpace all other types of workplace litigation, and show no signs of abatement. In fact, according to the Federal Judicial Center, wage-and-hour claims under the federal Fair Labor Standards Act (FLSA) have increased more than 500 percent since 1990. Employers also are finding themselves increasingly embroiled in government enforcement activity—the U.S. Department of Labor's (DOL) Wage and Hour Division, for example, recovered nearly a quarter of a billion dollars in back wages in fiscal year 2013 on behalf of more than 260,000 workers.

By Andrea M. Kirshenbaum and Darren M. Creasy

9 minute read

March 28, 2013 | The Legal Intelligencer

It's getting hot in the kitchen. And expensive. While the boom in wage-and-hour litigation certainly has not confined itself to any particular industry, restaurants have increasingly found themselves well-represented on the defendant side of the caption.

By Andrea M. Kirshenbaum and Darren M. Creasy

9 minute read