Monthly Archives: July 2010
DOL Publishes Guidance On Recent Amendments To FLSA Regarding Lactation-Breaks
Fact Sheet #73: Break Time for Nursing Mothers Under the FLSA The DOL has released a new fact sheet, that provides general information on the break time requirement for nursing mothers in the recent Patient Protection and Affordable Care Act … Continue reading
Filed under Break Time
D.N.J.: Following 3rd Circuit Precedent Pharma Reps Found To Be Administrative Exempt
Jackson v. Alpharma, Inc. Less than a month after the Second Circuit held that pharmaceutical representatives, who performed typical marketing duties, were non-exempt and entitled to overtime pay, a District Court in New Jersey reminds us that the Third Circuit … Continue reading
Filed under Exemptions
D.D.C.: High-Profile D.C. Chef Is An “Employer” And Personally Liable For Wage And Hour Violations At His Restaurant
Ventura v. Bebo Foods, Inc. This case, concerning alleged Wage and Hour violations under the FLSA and the DCWPCL was before the Court on two issues: (1) whether defendant Roberto Donna (“Donna”) was personally liable for minimum wage and overtime … Continue reading
E.D.Tenn.: K-9 Officer’s Time Spent Training/Caring For Narcotics Detection Dog Compensable
Lewallen v. Scott County, Tennessee This case was before the Court, following a bench trial. The issue before the Court revolved around whether time spent by a K-9 officer training and caring for a narcotics detection dog assigned to him … Continue reading
W.D.Va.: Dollar General “Store Manager” May Have Been Misclassified As Executive Exempt; Defendant’s Motion For SJ Denied
Hale v. Dolgencorp, Inc. This case was before the Court on Defendant’s Motion for Summary Judgment. Defendant asserted the Plaintiff, the “Store Manager” of its Dollar General store was properly classified as exempt from the Fair Labor Standard Act’s (“FLSA”) … Continue reading
Filed under Exemptions, Willfulness
W.D.Mo.: Where Over 1,000 Opt-ins, “Full Discovery” Targeting All Class Members Inappropriate
Dernovish v. AT&T Operations, Inc. This case involved a collective action brought under the Fair Labor Standards Act (“FLSA”). Plaintiffs, call center employees, alleged that Defendant failed to pay them for some time spent working, while they were in the … Continue reading
Filed under Collective Actions, Discovery
2d. Cir.: Pharmaceutical Reps Are Neither Outside Sales Nor Administrative Exempt
In re Novartis Wage and Hour Litigation This case was before the Second Circuit on Plaintiffs’ appeal of the lower Court’s Order granting Defendant summary judgment, which held that Plaintiffs, Pharmaceutical Representatives, were exempt from the overtime provisions of the … Continue reading
Filed under Exemptions
W.D.Ark.: FLSA Does Not Preempt State Common Law Claims; Claims Dismissed On Other Grounds
Montize v. Pittman Properties Ltd. Partnership No.1 This case was before the Court on one of the Defendant’s Motion for Partial Judgment on the Pleadings filed. The Plaintiffs did not file any response to the Motion. Of interest, the Court held that certain … Continue reading
Filed under Preemption, State Law Claims
