Andrea M. Kirshenbaum

August 02, 2012 | The Legal Intelligencer

On June 28, the U.S. Court of Appeals for the Third Circuit provided guidance as to what test should be applied to assess potential joint employer liability under the Fair Labor Standards Act.

By Andrea M. Kirshenbaum

7 minute read

August 29, 2013 | The Legal Intelligencer

As the fourth quarter of 2013 fast approaches, it appears certain that 2013 will be yet another record year in lawsuits brought under the Fair Labor Standards Act (FLSA). Statistics maintained on the U.S. courts' Public Access to Court Electronic Records (PACER) system show that a record number 7,688 FLSA lawsuits were filed in calendar year 2012.

By Andrea M. Kirshenbaum

8 minute read

August 17, 2012 | The Legal Intelligencer

My 9-year-old son plays baseball in the Fairmount Sports Association League for 7-9-year-old boys. Last year he was on a team that seemed destined for a championship — that is, until the team's star shortstop left for summer vacation and the team lost in the first round of the playoffs.

By Andrea M. Kirshenbaum

7 minute read

December 28, 2012 | The Legal Intelligencer

In complying with their obligations under federal and state wage-and-hour laws to pay employees for all hours worked, employers rightly and understandably crave certainty in the guidance provided to them by courts and administrative agencies.

By Andrea M. Kirshenbaum

8 minute read

August 09, 2012 | The Legal Intelligencer

It has been estimated that there are approximately 11 million to 14 million immigrants who are present without authorization in the United States at any given time. Immigration can be a sensitive issue and this article does not seek to inject itself into the various debates swirling around the nation today. Rather, this article focuses on the potential civil and criminal risks that flow from the fact that the U.S. Immigration and Customs Enforcement (ICE), which is part of the Department of Homeland Security (DHS), has made it an enforcement priority to target employers who either knowingly hire unauthorized workers or who fail to comply with the requisite employment authorization processes.

By Peter D. Hardy, Andrea M. Kirshenbaum and Matthew T. Newcomer

10 minute read

January 31, 2013 | The Legal Intelligencer

The U.S. Department of Labor's Wage-and-Hour Division (WHD) has taken aim at independent contractor misclassification, applying a multipronged approach to address what it refers to on its website as "a serious problem for affected employees, employers, and to the entire economy."

By Andrea M. Kirshenbaum

7 minute read

May 23, 2013 | The Legal Intelligencer

Recently, the U.S. District Court for the Eastern District of Pennsylvania in O'Donnell v. Passport Health Communications, 2013 U.S. Dist. LEXIS 51432 (E.D. Pa. Apr. 10, 2013), provided a not-so-gentle reminder to employers of the potential pitfalls of Pennsylvania's Wage Payment and Collection Law (WPCL).

By Andrea M. Kirshenbaum

6 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

September 27, 2010 | The Legal Intelligencer

On Sept. 15, the U.S. Department of Justice published new final regulations in the Federal Register under Title II and Title III of the Americans with Disabilities Act on accessibility for state and local governmental entities and places of public accommodation.

By By Andrea M. Kirshenbaum

7 minute read

August 30, 2007 | The Legal Intelligencer

With the hope of decreasing litigation costs and avoiding the prospect of large jury awards, many employers have considered whether to require employees to arbitrate all disputes in relation to the employee's employment, whether by agreement, unilateral policy or on the employment application.

By Andrea M. Kirshenbaum

6 minute read