Category Archives: Overtime

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When Off-the-Clock Isn’t Off-the-Clock: The Seventh Circuit Considers Employees’ Arguments that Employer Violated the Fair Labor Standards Act by Not Paying Overtime for Off-Duty Use of Work-Issued BlackBerrys

Remember that collective action that the Chicago police officers filed complaining that they weren’t paid overtime for checking their BlackBerrys off duty? Well, the cops lost at trial and now the U.S. Court of Appeals for the Seventh Circuit has it. Recall that 54 officers from the Bureau of Organized Crime Unit filed a collective … Continue Reading

C’est La Vie: No ‘Right to Disconnect’ in U.S., But Non-Exempt Workers Must Be Paid for ‘Connected’ Time

Could a “right to disconnect” become law in the U.S.? France is trying it. Effective January 1, a new French law went into effect giving workers a “right to disconnect” when not at work. French employers with 50 or more employees have to adopt written policies restricting the hours that workers can send or receive … Continue Reading

Emotional Rescue: Fifth Circuit Recognizes Mental Distress Damages in FLSA Retaliation Claim

Can a plaintiff get emotional distress damages in a wage and hour claim? In December 2016, the Fifth Circuit issued an opinion of first impression where it found that a plaintiff filing a retaliation claim as part of an overtime wage dispute can seek emotional distress damages. In Pineda v. JTCH Apartment, LLC, Santiago Pineda did … Continue Reading

STOP! Texas Federal Court Issues Nationwide Injunction to Department of Labor’s FLSA Salary Increases

An update on Department of Labor’s (DOL)’s controversial new overtime regulations regarding “white-collar” exemptions. With the U.S. DOL’s regulations increasing the minimum salary for white collar exemptions scheduled to take effect next week (December 1), a federal court in Texas today issued a nationwide injunction stopping (for now) the Fair Labor Standards Act (FLSA) salary … Continue Reading

Two Big Lawsuits Challenge DOL’s New Overtime Regulations, But Don’t Get Your Hopes Up

The Regulations As we all know by now, Department of Labor’s (DOL) new regulations regarding the “white-collar” exemptions to overtime go into effect on December 1. These regulations raise the weekly salary requirement for the executive, administrative, and professional exemptions, as well as the annual salary requirement for the highly compensated employee exemption. The new … Continue Reading

West Coast—Time to Check Your Employment Agreements: Ninth Circuit Negates No-Class Action Clause in Arbitration Agreements

This week, the Ninth Circuit held that Ernst & Young’s (E&Y) arbitration agreement that prohibited its employees from filing class actions violates the National Labor Relations Act (NLRA). E&Y required as a condition of employment that its employees sign an agreement stating that they could not bring any class action or concerted claim regarding wages, … Continue Reading

Isn’t it Ironic, Don’t You Think? DOL Settles Overtime Claims With Its Own Employees

Last week, attorneys for the Department of Labor (DOL) employee union announced that the government agency had agreed to pay $7 million to settle an almost 10-year-old grievance by DOL workers who claimed they were not paid for off-the-clock work. The claim covered alleged compensable time from 2003 to 2013. Part of the claims were … Continue Reading

Putting the Brakes on the DOL: USSC Finds that DOL Not Entitled to Deference on Service Manager Overtime Regulation

Yesterday, in Encino Motorcars v. Navarro, No. 15-415, the U.S. Supreme Court vacated a Ninth Circuit ruling that had deferred to a Department of Labor 2011 regulation that auto service advisors were nonexempt and should receive overtime compensation. The justices said the DOL issued the regulations giving “little explanation for its decision to abandon its … Continue Reading

Vive Les Email Liberte! French Law Locks Down Weekend Communications with Employees

In an effort to combat work-related burnout, the French government has a new labor law requiring employers with at least 50 employees to adopt written policies restricting the hours during which employees can send or receive emails, text messages, or any other digital, work-related communication. The goal is to cut the electronic leash that constantly … Continue Reading
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