Law and the Workplace
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Joshua F. Alloy

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DC Council Proposes Common Sense Relief to DC Employers From the Wage Theft Prevention Act

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

D.C. Council Passes “Emergency” Amendments to the Wage Theft Prevention Amendment Act

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

The District Of Columbia Enacts New Employee Protections, Requires Reasonable Accommodation for Pregnant Employees

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

The Ninth Circuit Provides Employers With An Assist In Dismissing FLSA Actions

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

Amendments To DC Accrued Sick And Safe Leave Act Now Fully Apply To Employers

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

D.C. Prepares a Holiday “Gift” for Employers – the Wage Theft Prevention Amendment Act of 2014

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

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

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

Second Circuit Requires Specificity In FLSA Pleading

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

U.S. Supreme Court Grants Review on Important Mootness Issue

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

Supreme Court Finds Pharmaceutical Sales Representatives Exempt From Overtime; Department of Labor’s Interpretation of FLSA Regulations Not Entitled To Any Deference

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

Supreme Court Hears Oral Argument On Whether Pharmaceutical Sales Representatives Are Exempt From Overtime

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

Third Circuit Signals End To “Hybrid” Class Action Debate

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

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