Category Archives: FLSA/Overtime

California Supreme Court Decides Case Involving Administrative Exemption

The California Supreme Court has issued a decision in Harris v. Superior Court (Liberty Mutual Insurance Company) regarding whether certain insurance company claims adjusters are administrative exempt employees under the California Labor Code and the Industrial Welfare Commission (“IWC”) Wage … Continue reading

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Supreme Court Agrees To Hear FLSA Case

On November 28, 2011, the U.S. Supreme Court agreed to hear an FLSA from the 9th Circuit involving the outside sales exemption.  (Christopher v. SmithKline Beecham Corp.)  The case involves whether deference is owed to the Secretary of Labor’s interpretation … Continue reading

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No Cause Of Action Against Prospective Employer For FLSA Retaliation

On August 12, 2011, the United States Court of Appeals for the Fourth Circuit concluded that a plaintiff has the right to sue only her current or former employer for retaliation under the Fair Labor Standards Act (“FLSA”) — not a … Continue reading

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California Supreme Court Rules On Application Of Overtime Laws To Out-Of-State Residents

On June 30, 2011, the California Supreme Court issued a decision in Sullivan v. Oracle Corporation, No. S170577 (June 30, 2011), deciding the issue of whether California’s overtime provisions apply to non-resident employees of California companies.  More after the break.

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Employment laws hostile to business?

In light of yesterday’s post on the challenge to Boeing’s construction of a plant in South Carolina by the NLRB, this blog post entitled “What happens when government (state or federal) is pathologically hostile to business” is worth reading.  It … Continue reading

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4th Circuit Affirms That Store Manager That Spends Majority Of Time On Non-Managerial Tasks Is Nonetheless Exempt Under The FLSA

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a summary judgment in favor of Family Dollar Stores, Inc., holding that Family Dollar did not violate the Fair Labor Standards Act (“FLSA”) for failing to pay overtime to … Continue reading

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Coach Found To Be A “Volunteer” And Not Entitled To Overtime

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a grant of summary judgment in favor of the Fairfax County School Board in an FLSA overtime lawsuit.  The plaintiff/employee was a coach who argued that he was an … Continue reading

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U.S. Supreme Court Hold That FLSA Anti-Retaliation Provision Protects Employees Who Make Oral Complaints

In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court held, in a 6-2 decision, that the anti-retaliation provision of the Fair Labor Standards Act (“FLSA”) protects employees who make oral, as well as written, complaints regarding FLSA … Continue reading

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Attorneys’ Fees Awarded To Prevailing Party Based On Contingency Fee Agreement

In June 2010, Dovetails, Inc. made an “unconditional payment” of approximately $7,770 to Christopher Walker, a Dovetail employee who claimed that he was entitled to unpaid overtime.  Walker then filed a lawsuit in July 2010 against Dovetail in the United … Continue reading

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California Employer Failed To Properly Pay Overtime Wages To On-Duty Employees

Plaintiffs were former employees of defendants Metson Marine, Inc., and Metson Offshore, Inc.  While employed by defendants, plaintiffs worked consecutive 14-day “hitches” on defendants’ ships off the shore of California providing emergency clean up of oil spills and other environmental … Continue reading

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California Labor Code Section 515(d) Does Not Prohibit Non-Exempt Fixed Salary Agreements

In Arechiga v. Dolores Press, Inc., the California Court of Appeal held that California Labor Code section 515(d) does not outlaw “explicit mutual wage agreements,” by which an employer and employee may agree to a fixed salary, to include both … Continue reading

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California Penalties Of $72,000 Affirmed For Failure To Provide Adequate Pay Stubs

The California Court of Appeal, Sixth District, recently held that employers who intentionally issue defective wage statements, or who skip issuing them on purpose, will not qualify for the statutory leniency set out in California Labor Code section 226.3.  In … Continue reading

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4th Circuit Approves Method Of Calculating Unpaid Overtime In Misclassification Cases

In Desmond v. PNGI Charles Town Gaming, LLC, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s method of calculating unpaid overtime compensation in a misclassification case under the Fair Labor Standards Act (“FLSA”).  This … Continue reading

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Payroll Company Not “Employer” For Purpose Of Unpaid Overtime Claim Under California Law

On December 16, 2010, the California Court of Appeal, Second Appellate District, Division Eight, in Futrell et al. v. Payday California, Inc. et al., held that a company that provides payroll processing was not an “employer” for wage claims under … Continue reading

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California Employees That Received Wage Settlement Barred From “Double Dipping” In Second Lawsuit

The Second District of the California Court of Appeal recently held in Villacres v. ABM Industries that a court-approved settlement in a prior wage and hour class action precludes subsequent litigation not only on the same causes of action but … Continue reading

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