By Andrea M. Kirshenbaum | December 13, 2024
In a “it’s déjà vu all over again” moment, on Nov. 15, 2024, the U.S. District Court for the Eastern District of Texas in Texas and Plano Chamber of Commerce v. United States Department of Labor set aside and vacated the U.S. Department of Labor’s 2024 Final Rule increasing the salary level for employees to remain exempt from minimum wage and overtime under the Fair Labor Standards Act’s (FLSA) executive, administrative and professional (EAP) exemptions, and automatically updating the salary level every three years.
By Riley Brennan | November 1, 2024
The court determined that "an employee is entitled to compensation for overnight travel when it 'cuts across' his 'workday.'"
The Legal Intelligencer | Commentary
By Andrea M. Kirshenbaum | October 22, 2024
On July 11, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit entered the thorny world of compensation for college athletes, forcefully rejecting the argument that the "amateur status" of college athletes categorically removes them from the ambit of the Fair Labor Standards Act.
By James Palmer | October 17, 2024
"It's a complicated, highly fragmented industry with tens of thousands of people making different decisions every day," said Jason Winmill, legal department consultant.
By Mason Lawlor | September 18, 2024
"It is not clear from the face of the complaint that plaintiff's breach of contract claim is barred by the statute of limitations because it is plausible that partial payments from defendant Adora made sometime between 2016 and 2022 tolled the statute of limitations. This is a factual issue that cannot be resolved at the motion to dismiss stage," U.S. District Judge William L. Osteen said.
The Legal Intelligencer | News
By Riley Brennan | September 18, 2024
This complaint was first surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts.
The Legal Intelligencer | News
By Aleeza Furman | September 11, 2024
Plaintiffs in the action claimed that Bayada failed to pay nurses for time they spent giving or receiving reports on patients' status at the beginning and end of shifts and for time they spent completing company-mandated trainings.
By Cheryl Miller | August 15, 2024
Forcing public agencies to pay penalties under the Private Attorneys General Act "would simply rob Peter to pay Paul," Justice Carol Corrigan wrote.
By Charles Toutant | July 26, 2024
"Davis, Saperstein & Salomon will be serving frivolous litigation notices on attorney Shell and his clients, and will seek dismissal of these claims on procedural grounds, including legal fees and costs," said the firm's attorney, Keith McDonald.
By Cheryl Miller | July 25, 2024
The court held that the Legislature's power to regulate the workers' compensation system is not exclusive and does not forestall citizen initiatives on the topic.
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