Joshua F. Alloy
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Employers in the District of Columbia have been assessing how to deal with the requirements of the Wage Theft Prevention Act of 2014 (the “2014 Act”) since the 2014 Act was passed last year. Among other things, the 2014 Act requires employers to issue wage notices to employees in their “primary” language. It also requires … Continue Reading
As we noted in our blog post last month, District of Columbia Mayor Vincent Gray recently signed an amendment to the Wage Theft Prevention Act. As detailed in our post and related client alert, the D.C. Wage Theft Prevention Amendment Act of 2014 (the “Act”) significantly expands D.C. employers’ obligations to employees, including comprehensive new … Continue Reading
Following the example of several other states and municipalities, the Council of the District of Columbia recently enacted (and the Mayor of the District of Columbia recently signed) the Protecting Pregnant Workers Fairness Act of 2014 (the “Act”). The Act requires employers to provide reasonable workplace accommodations for workers whose ability to perform the functions … Continue Reading
Employers have long known that the Supreme Court’s decisions in Twombly and Iqbal provide them with a powerful weapon in moving to dismiss broadly worded complaints filled with conclusory allegations but little factual detail. But courts are only just beginning to apply these higher pleading standards to FLSA claims for minimum wage and overtime. On … Continue Reading
As if employers in DC didn’t have enough to worry about, the 2013 amendments to the District of Columbia Accrued Sick and Safe Leave Act of 2008 (“ASSLA”), which became effective in March 2014, finally became fully applicable to all employers as of October 1, 2014. The amendments significantly broadened the scope of ASSLA by, … Continue Reading
Washington, D.C. Mayor Vincent Gray quietly signed an amendment to the Wage Theft Prevention Act which will likely take effect in mid-December 2014 – just in time for the holidays. The amended Act will significantly expand D.C. employers’ obligations to employees, including comprehensive new pay notice requirements for all existing employees and new hires going … Continue Reading
Last week, President Obama directed the U.S. Department of Labor to revise and modernize the “white- collar” overtime exemptions of the Fair Labor Standards Act to extend overtime benefits to a broader range of workers. This alert summarizes the President’s Memorandum, outlines what employers might expect in the coming months, and reminds employers to remain proactive … Continue Reading
In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of Long Island, Inc. (a collection of hospitals and healthcare providers) failed to compensate them for time worked … Continue Reading
The U.S. Supreme Court recently granted review in a Fair Labor Standards Act (FLSA) case in order to decide whether a case becomes moot, and thus beyond the judicial power of Article III of the United States Constitution, when the lone plaintiff receives an offer from the defendants to satisfy all of the plaintiff’s claims. … Continue Reading
In a much-anticipated decision in Christopher v. SmithKline Beecham Corp., on June 18, 2012, the U.S. Supreme Court held 5-4 that pharmaceutical sales representatives are exempt from overtime under the Fair Labor Standard Act’s outside sales exemption because they “make sales” under the most reasonable interpretation of the law. In its holding, the Court unanimously … Continue Reading
Yesterday, in a packed courtroom, the United States Supreme Court heard oral argument in Christopher v. SmithKline Beecham Corp., No. 11-204 (on appeal from the Ninth Circuit) to determine whether the pharmaceutical industry has been properly classifying its sales representatives as “exempt” from overtime for the past 75 years under the Fair Labor Standards Act’s … Continue Reading
In February 2011, we previously posted about two decisions from Hon. John E. Jones III, of the Middle District of Pennsylvania, who ruled that FLSA collective actions are inherently incompatible with state law wage and hour claims when brought in the same action – i.e., so-called dual-filed or “hybrid” class actions. [Insert Link to February … Continue Reading
DC Council Proposes Common Sense Relief to DC Employers From the Wage Theft Prevention Act
By Guy Brenner and Joshua F. Alloy on Posted in Wage and Hour, Workplace Policies and Procedures
D.C. Council Passes “Emergency” Amendments to the Wage Theft Prevention Amendment Act
By Guy Brenner and Joshua F. Alloy on Posted in Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
The District Of Columbia Enacts New Employee Protections, Requires Reasonable Accommodation for Pregnant Employees
By Emilie Adams and Joshua F. Alloy on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
The Ninth Circuit Provides Employers With An Assist In Dismissing FLSA Actions
By Joshua F. Alloy and Mark W. Batten on Posted in Wage and Hour, Workplace Policies and Procedures
Amendments To DC Accrued Sick And Safe Leave Act Now Fully Apply To Employers
By Joshua F. Alloy and Ravinder Sandhu on Posted in Leaves of Absences
D.C. Prepares a Holiday “Gift” for Employers – the Wage Theft Prevention Amendment Act of 2014
By Connie Bertram, Guy Brenner and Joshua F. Alloy on Posted in Workplace Policies and Procedures
Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative
By Tony Oncidi, Allan Weitzman, Carolyn M. Dellatore, Fredric Leffler, Joshua F. Alloy, Katharine Parker and Marc A. Mandelman on Posted in Wage and Hour, Workplace Policies and Procedures
Second Circuit Requires Specificity In FLSA Pleading
By Joshua F. Alloy on Posted in FLSA
U.S. Supreme Court Grants Review on Important Mootness Issue
By Joshua F. Alloy on Posted in FLSA
Supreme Court Finds Pharmaceutical Sales Representatives Exempt From Overtime; Department of Labor’s Interpretation of FLSA Regulations Not Entitled To Any Deference
By Joshua F. Alloy on Posted in FLSA
Supreme Court Hears Oral Argument On Whether Pharmaceutical Sales Representatives Are Exempt From Overtime
By Joshua F. Alloy on Posted in Uncategorized
Third Circuit Signals End To “Hybrid” Class Action Debate
By Joshua F. Alloy on Posted in FLSA
