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The Legal Intelligencer

Groups Sue to Enjoin DOL's Final Rule on Salary Exemptions

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.
16 minute read

The Legal Intelligencer

What Workers' Comp Coverage Insurers Don't Want You to Know

How's that leg you accidentally banged against your desk a couple of months ago? Has it started feeling worse every time you stand up from your chair? And how's that wrist that's beginning to ache from carrying your laptop around the office day after day?
12 minute read

New York Law Journal

Tutka v. Optimum Construction, Inc.

By | September 22, 2016
Failure to Exhaust Remedies Leads to FLSA, RICO Kickback Suit's Dismissal Absent Prejudice
3 minute read

New York Law Journal

Ekryss v. Ignite Restaurant Group, Inc.

By | September 22, 2016
Eatery Guidelines' Dispute Resolution Program Not Illusory; Pay Claims Must Be Arbitrated
3 minute read

Texas Lawyer

Paxton Leads Suit Aimed at Foiling White House Overtime Regulation

In another legal challenge to Obama administration policies, Texas Attorney General Ken Paxton, along with 20 other states' AGs, filed a lawsuit in a Sherman, Texas, federal court, alleging that a new federal regulation that doubles the salary threshold for overtime pay is unconstitutional.
4 minute read

New Jersey Law Journal

Judge OKs Collective Action in Office Depot Overtime Pay Suit

A federal judge in Newark has granted final certification to a wage-and-hour collective action against Office Depot on behalf of assistant store managers claiming they were wrongly denied overtime pay.
12 minute read

New York Law Journal

State Extends Eligibility For 911 Medical Benefits

By | September 13, 2016
New York state has reopened the window for workers and volunteers seeking lost wages and medical benefits from their involvement in the rescue, recovery and cleanup at the World Trade Center after the Sept. 11, 2001, terrorist attacks.
4 minute read

The Legal Intelligencer

Seeking Access to the Workers' Compensation Claims File

In the Aug. 2, 2016, article titled, "What Falls Under 'Privileged' in Workers' Comp Cases," the authors presume to compare the statutorily based process of administering Pennsylvania workers' compensation claims to political/economic doctrines espoused by early American politicians Alexander Hamilton and Andrew Jackson. In doing so, they suggest that the inherent "privileges" or financial and social advantages enjoyed by the affluent class of colonial America are the moral or legal equivalent of the evidentiary concept of "privileged communication" in the context of personal injury litigation.
14 minute read

New York Law Journal

Intern Suits Face Uphill Battle, Despite Push to State Court

Despite a 2015 federal court ruling that made it harder for unpaid interns to bring class actions seeking back wages, some plaintiffs firms have spent the past few years pursuing similar cases in New York state court. A state court ruling from July, however, may present obstacles for that strategy.
17 minute read

The Legal Intelligencer

The Longshore Act and the Pa. Workers' Compensation Act

In 1927, the U.S. Congress enacted the Longshore and Harbor Workers' Compensation Act, which most ­people call the Longshore Act. The law was designed to provide workers' compensation coverage for certain maritime workers, which essentially meant all people who work on or near the water, excluding ­actual crew members on a ship, who are covered under another federal law.
12 minute read

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