Andrea M. Kirshenbaum

October 06, 2022 | National Law Journal

Although recent district court opinions may signal a turning of the tide on the court-approval requirement for FLSA actions, the law in this area clearly is in a state of flux.

By Andrea M. Kirshenbaum and Leanne Lane Coyle

8 minute read

July 22, 2022 | The Legal Intelligencer

Pennsylvania employers with tipped employees should revise their policies and practices in advance of the Aug. 5 effective date of the regulations.

By  Andrea M. Kirshenbaum

6 minute read

March 25, 2022 | The Legal Intelligencer

With the Consolidated Appropriations Act recently signed into law by President Joe Biden allocating a 14% increase in funding to the DOL—and $2.1 billion designated specifically to worker protection agencies under its purview—the DOL is "beefing up" its enforcement efforts with additional resources.

By Andrea M. Kirshenbaum and Leanne Lane Coyle

9 minute read

December 17, 2021 | The Legal Intelligencer

Prudent employers are examining both Heimbach and employee pay practices to assess their wage-and-hour risk via wage-and-hour audits. These audits look at employer pay practices, worker classifications, and remote work policies, among other areas, to identify potential noncompliance, make any required modifications and potentially avoid costly litigation.

By Andrea M. Kirshenbaum

9 minute read

September 08, 2021 | The Legal Intelligencer

This decision is the latest in a line of cases interpreting the PMWA more expansively than the federal Fair Labor Standards Act (FLSA), which already is leading to the filing of PMWA putative class action lawsuits.

By Andrea M. Kirshenbaum and Fara A. Cohen

9 minute read

August 20, 2021 | The Legal Intelligencer

Prosecutors have answered the call. Government wage-related enforcement—focused particularly on the construction industry—is gaining momentum, and the repercussions for construction companies' wage-and-hour compliance failures are only intensifying in both the civil and criminal realms.

By Carolyn H. Kendall, Andrea M. Kirshenbaum and Abraham J. Rein

12 minute read

July 23, 2021 | The Legal Intelligencer

On June 23, the U.S. Department of Labor Wage and Hour Division published a notice of proposed rulemaking titled "Tip Regulations Under the Fair Labor Standards Act (FLSA); Dual Jobs." The proposed rulemaking reinstates the department's longstanding 80/20 rule applicable to wages paid to tipped employees.

By Andrea M. Kirshenbaum and Angela H. Sanders

8 minute read

March 26, 2021 | The Legal Intelligencer

A little over a year into the COVID-19 pandemic, progress in mass vaccination across the country has raised new hopes of a return to some semblance of normalcy, including in the workplace.

By Andrea M. Kirshenbaum, Fara A. Cohen and Eve R. Keller

7 minute read

December 21, 2020 | The Legal Intelligencer

As COVID-19 vaccines are being distributed throughout the country in accordance with guidelines from the Centers for Disease Control and Prevention (CDC), employers have been wrestling with this question: should we require our employees to receive a COVID-19 vaccination as a condition of employment?

By Andrea M. Kirshenbaum and Fara A. Cohen

8 minute read

October 26, 2020 | The Legal Intelligencer

The final rule includes, among other changes, an increase in the salary thresholds to qualify for the EAP exemptions under the PMWA. The weekly salary thresholds will rise over two years (from the current federal level under the Fair Labor Standards Act of $684 to $780 to $875) and then will be "automatically" updated in 2023.

By Andrea M. Kirshenbaum

6 minute read