By Kelline R. Linton, Junior Associate. In Orozco v. Plackis, the U.S. District Court for the Western District of Texas recently upheld an unusual jury finding that a franchisor principal was the employer of the former franchisee’s employee, although the employee testified that the principal had no direct control […]
FLSA
17 posts
By Linda H. Evans, Senior Associate. On September 17, 2013, the Wage and Hour Division of the DOL announced a final rule extending the FLSA’s minimum wage and overtime protections to most of the nation’s direct care workers who provide home care assistance to elderly, disabled, injured, or ill […]
By Kelline R. Linton, Junior Associate. In a recent case, the U.S. Department of Labor (DOL) obtained a consent judgment in a California federal court, ordering California-based noodle manufacturer and distributor Rama Food Manufacturer Corp. to pay current and former employees $195,400 in back wages and liquidated damages, as […]
By Linda H. Evans, Senior Associate. This has been a busy year in the labor and employment law arena. And it is a good time to be sure your employee handbook is changing with the times! Here are a few areas that may need revising in your handbook: […]
By Linda H. Evans, Senior Associate. The Fifth Circuit recently addressed one of the lesser used exemptions under the Fair Labor Standards Act (FLSA) … outside sales. Reminder: Any employee who has been properly categorized as exempt, is exempt from the minimum wage and overtime hour requirements. Meza […]
By Kelline R. Linton, Junior Associate. In a Fair Labor Standards Act (“FLSA”) case on Tuesday (July 2), the D.C. Circuit Court of Appeals invalidated the 2010 DOL interpretation that declared loan mortgage officers were hourly employees. The Court’s holding was not based on the merits of the 2010 […]
By Linda H. Evans, Senior Associate. Federal District Court judges in New York ruled on June 11, 2013, that Fox Searchlight Pictures had violated federal and state minimum wage laws by not paying interns who worked on the movie Black Swan. This case could have a far-reaching impact, not […]