Overtime Law Blog

Home »

W.D.Pa.: Although FLSA Does Not Provide Coverage For Work Performed In Foreign Countries, Pennsylvania Wage And Collection Act (PMWA) Does

Submit Your Case - Copy (2)

TwitterGoogle+LinkedInRSSJustia

Email Subscription

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 291 other subscribers

RSS feed: DOL News DOL News

Andrew Frisch

Tags

"Dual Assignment" Rule "Good Faith" Defense $7.25 $35 Million Verdict $455 $500 $913 000.00 1 Week Delay 2 Or More Employees 2 Or More Employees Handling 2 Year Statute of Limitations 2d Circuit 3 Year Statute of Limitations 4 Year Degree 4-Month Period 4th Circuit 5th Circuit 6 Month Statute of Limitations 6th Circuit 7(i) 7th Circuit 8th Circuit 9 U.S .C. §§ 3 9th Circuit 10th Circuit 11 U.S.C. § 521(1) 11th Amendment 11th Circuit 13th Amendment 20 Pound Bag 20% Rule 21 Club 28 U .S.C. § 1332(d) 28 U.S.C. § 1407 28-day Work Period 29 C.F.R. 541.601 29 C.F.R. 541.605(a) 29 C.F.R. § 516.27(A) 29 C.F.R. § 516.27(B) 29 C.F.R. § 531.35 29 C.F.R. § 531.52 29 C.F.R. § 531.55 29 C.F.R. § 531.56(e) 29 C.F.R. § 541.100 29 C.F.R. § 541.105 29 C.F.R. § 541.200 29 C.F.R. § 541.200(a) 29 C.F.R. § 541.202(a) 29 C.F.R. § 541.202(b) 29 C.F.R. § 541.202(e) 29 C.F.R. § 541.300(a)(1) 29 C.F.R. § 541.301 29 C.F.R. § 541.301(a) 29 C.F.R. § 541.302(a) 29 C.F.R. § 541.313 29 C.F.R. § 541.500 29 C.F.R. § 541.502 29 C.F.R. § 541.600 29 C.F.R. §541.602(a) 29 C.F.R. § 541.604 29 C.F.R. § 552.106 29 C.F.R. § 553.101 29 C.F.R. § 553.213 29 C.F.R. § 778.108 29 C.F.R. § 778.112 29 C.F.R. § 778.114 29 C.F.R. §778.114 29 C.F.R. § 778.115 29 C.F.R. § 778.217(b) 29 C.F.R. § 778.219(a) 29 C.F.R. § 778.501(a) 29 C.F.R. § 779.315 29 C.F.R. § 779.316 29 C.F.R. § 779.317 29 C.F.R. § 779.412 29 C.F.R. § 779.416(b) 29 C.F.R. § 780.129 29 C.F.R. § 782.2 29 C.F.R. § 782.5(a) 29 C.F.R. § 785.23 29 C.F.R. § 785.48(b) 29 C.F.R § 785.18 29 CFR Part 552 29 U.S.C. 207(h) 29 U.S.C. 215 29 U.S.C.A. § 203(y) 29 U.S.C. § 203(m) 29 U.S.C. § 203(o) 29 U.S.C. § 203(r)(1) 29 U.S.C. § 203(r)(2)(A) 29 U.S.C. § 203(s) 29 U.S.C. § 207(e)(1)-(8) 29 U.S.C. § 207(e)(2) 29 U.S.C. § 207(e)(5)-(7) 29 U.S.C. § 207(h)(2) 29 U.S.C. § 207(i) 29 U.S.C. § 207(k) 29 U.S.C. § 207(p)(1) 29 U.S.C. § 209(m) 29 U.S.C. § 213(10)(a) 29 U.S.C. § 213(a)(1) 29 U.S.C. § 213(a)(15) 29 U.S.C. § 213(a)(17) 29 U.S.C. § 213(b)(1) 29 U.S.C. § 215 29 U.S.C. § 215(a) 29 U.S.C. § 215(a)(3) 29 U. S. C. §215(a)(3). 29 U.S.C. § 216(b) 29 U.S.C. § 218(a) 29 U.S.C. § 255(a) 29 U.S.C. § 256(b) 29 U.S.C. § 259 29 U.S.C. § 260 30-Minute Deductions 34(a)(2) 80/20 Rule 168 Hours 207(h) 215(a)(3) 216(b) 541.601 778.112 778.115 785.23 1099 2010 FLSA Amendments 2010-1 10000 Pound Vehicles A & P Mechanic AAA AA Meeting Abbot Laboratories Abbott Absent Arbitration Clause Absent Class Members Abuse of Discretion Acceptance of Offer of Judgment Accountant Accountant Advice Accountant Liability for FLSA Violations Accountant Malpractice Act 72 Actual Duties Actual Knowledge Actual Weight ADA Addresses ADEA Adequacy of Representation Administrative Exemption Administratively Exempt Administrative Procedure Act Administrative Proceeding Administrator's Interpretation Administrator's Interpretation No. 2010-2 Adminstrative/Production Dichotomy Adminstrative Exemption Adminstrative Remedy Admissibility Adult Entertainers Advanced Knowledge Advertising Sales Advice of Counsel Affidavit Affirmative Defense Affirmative Defenses Affirmative Steps After-Hours Agreement Agreement to Arbitratrate Agricultural Employees Agricultural Exemption Air Carrier Air Carrier Exemption Airline Carrier Airline Deregulation Act of 1978 Airport Shuttle Al Capone Alpharma Amended Answer Amended Complaint American Arbitration Association American Eagle Drivers American Samoa Amicus Amicus Brief Amount of Discovery Anonymous Plaintiff Anti-Retaliation APA Applebee's Apprenticeship Approval Not Required Approval of Settlement Arbitral Decision Arbitration Arbitration Agreement Arbitration Agreements Arbitration Clause Arbitration Costs Arbitration in FLSA Cases Arbitration Invalidated Arbitrator Arbitrator's Jurisdiction Arbitrator Decide Class Arindrajit Dube Arise Misclassification Claims Arise Overtime Claims Arise Virtual Solutions Arise Wage Theft Arm of the State Assistant Manager Assistant Store Managers AT&T Mobility LLC v. Concepcion AT&T Mobility v. Concepcion At-Issue Waiver Attorney's Fees Attorney-Client Communications Attorney-Client Privilege Attorney Advice Attorney Defendant Attorney Liability Attorney Liability for FLSA Violations Attorney Representation Auto Body Repairman Auto Dealer Exemption Automatic Deductions Automobile Dealer Auto Parts Store Auxilium Pharmaceuticals Average Hourly Compensation Average Hourly Wage Averaging Award of Costs Bachelor Degree Backwages Balance of Convenience Factors Balancing Test Ballot Measure 25 Bamonte v. City of Mesa Bank of America Bankrupcy Stay Bankruptcy Baristas Bartenders Bartenders Wages Base Hourly Rate Benefits Biggs v. Wilson Billing Records Billingsley v. Citi Trends Bills Binding and Enforceable Binding Settlement Board Board of Dental Examiners Boca Raton Business Owners Boehringer Pharmaceutical Rep Overtime Bona Fide Commission Plan Bona Fide Commissions Bona Fide Dispute Bonnette Bonus Bonuses Breach of General Release Break Policy Breaks Break Time Break Time for Nursing Mothers Breastfeeding Bribery Burden of Production Burden of Proof Burden of Proof on Exemption business Business-to-Business Merchant Business Expenses Business Purpose Buy-Back C.F.R. CAA Cable Installer CAFA Calculating Gross Vehicle Weight Under MCA Calculating Offsets Calculating Overtime Compensation Calculation of Damages California California Labor Code California Overtime Lawsuit Call Center Call Center Jobs Call Center Workers Calulcating the Workweek Camin Cargo Car CareMark Overtime Lawsuit Car Insurance Car Wash Case Managers Case or Controversy Case Style Casey's General Stores Casino CASY CBA Cell Phone Centex Certified Nurse Assistant Certiorari Certiori CFR Changing Clothes Charters Cheeks Chilling Effect Chinese Overtime Christensen Christopher v. SmithKline Beecham Corp. Cintas Corp. Cintas Settlement City Employees City of Sioux Falls Civil RICO Class Class Action Class Action Complaint Class Action Fairness Act Class Actions Class Action Waiver Class Arbitration Class Certification Class Certified Classification Class Members Class Representatives Classroom Training Class Waiver Class Waivers Classwide Damages Clause Construction Cleaning Airplanes Clear Mutual Understanding Clinicians Closely-Held Close of Discovery Clothes CMV CNA CNN Co-op Coercision Coercive Coke Collateral Estoppel Collective Action Collective Action Allegations Collective Actions Collective Action vs. Class Action Collective Action Waiver Collective Bargaining Agreement Colorado Colorado Minimum Wage Comcast Comcast Corp. v. Behrend Coming to Rest Doctrine Commercial Cleaner Commercial Motor Vehicle Commerical Carrier Commerical Motor Vehicle Commissioner of the Bureau of Labor and Industries Commissions Common Arrangement Common Law Common Law Claims Common Law Test for Successor Liability Communications With Class Commute Time Commuting Time Companions Companionship Companionship Exemption Companionship Services Compensable Hours Compensable Time Compensable Work Compensatory Damages Compensatory Time Comp Time Computer-Employee Exemption Computer Boot Up Time Computer Exemption Concerted Action Concerted Activity Conditional Certification Conditionally Certified Claims Confidentiality Connexx Consent Judgment Consent to Join Consent to Join Form Considerations at Stage I Consolidation Construction Supervisor Construction Workers Constructive Knowledge Consumer Class Actions Contemporaneous Payment Contemporaneous Time Records Contemporaneous Transmission Of Testimony Contingency Basis Contingent Settlement Continuity of the Business Continuous Workday Contract of Adhesion Contractual Statute of Limitations Contract Work Hours and Safety Standards Act Contribution Control Controlled Substances Act Control Test Corporate Officer Liability Correction Officers Corrective Action Corrective Notice Costco Wage Class Action Cost of Individual Claim Cost of Travel Costs Cost Splitting Counterclaims Coupons Couriers Court's Observation of Counsel Court Approval Court Supervised Settlement Coverage Covered Employee Creative Professional Exemption Creative Professionals Credit Cross-Examination Cruise Line Shuttle Current Employees Current Oregon Minimum Wage Custody Customarily Furnished Custom or Practice CWCA D.C. Circuit D.Ct. D.R. Horton D.R. Horton and Michael Cuda Damages Dancers Showclub Dates of Employment Davis Bacon Act Day Rates DBA DCLMA DCWPCL December 1 Decertification Declarations Declaratory Judgment Declaratory Relief Default Defendant's Billing Records Defense Counsel Billing Records Defense Verdict Deference Owed to Secretary of Labor Definition of CMV Definition of Employee Definition of Full Relief Definition of Independent Contractor Delay Dellinger De Minimis Denial of Conditional Certification Department of Labor Department of Transportation Deposition Location Depositions Design Consultant Destruction of Records Differences Among Putative Class Members Dionne Dionne v. Floormasters Direct Care Job Quality Improvement Act Directly Related To Management Disabled Workers Discounts Discoverability of Attorney Communications Discoverability of Billing Records Discovery Discovery Of Immigration Status Discovery Plaintiffs Discretion and Independent Judgment Discretion or Judgment When Loading Discretion to Limit Discovery Dismissal of Opt-ins Dissemination of Notice District of Colorado Docking DOL DOL Audit DOL Enforcement Dolgencorp Dollar General Dollar Tree DOL Supervised Settlement Domestic Service Domestic Service Exemption Donning and Doffing Door-to-Door Salespeople DOT DOT Audit DOT Jurisdiction Draw Driver Driver's Helper Drivers Dual-Trained Paramedics Dual Jobs Duplicative Claims Dupont Duress Duties Duty to Mitigate E.D.Tex. Economic Realities Test Economic Reality Economists EDS EDS Overtime Class Action EDS Technical Support Effect of Denial of Conditional Certification Efficient Judicial Administration Eighth Circuit Electronic Data Systems Elements of Claim Eleventh Amendment Immunity Eleventh Circuit Eli Lilly Ellerth Email Emotional Distress Employee Employee Leasing Employee Release Agreement Employees Employees of Subcontractors Employee Status Employee Theft Employee vs Independent Contractor Employee vs Volunteer Employee waiting for work Employer Employer's Burden of Proof Employer Participation in Tip Pool Employers' Attorney Employment Employment Relationship Enforceability Enforceability of Class/Collective Waivers Enforcement Engaged in Commerce Engaged in Fire Protection Engineer Enjoin Enterprise Enterprise Coverage Enterprise Rent-A-Car Entry of Judgment EPA Equal Pay Act Equitable Defenses Equitable Tolling ERISA Evidence Exception Exceptional Circumstances Exception vs Exemption Excluding Sleep Time Exclusive Remedy Executive Exemption Exempt Employees Exemptions Exempt Status Exempt Time Exhaustion of Administrative Remedy Exotic Dancers Expeditor Experts Expert Testimony Extended Notice Period Extern Externships Extraordinary Circumstances FAA Facebook Facially Neutral Fact Witnesses Failure To Disclose Claims In Bankruptcy Failure to Hire Failure to Pay in Timely Fashion Failure to Pay On Time Failure to Post FLSA Notice Failure to Take Reasonable Actions Fair Labor Standard Act Fair Labor Standards Act Fair Labor Standards Action Fair Labor Stardards Act Fairness Fair Playing Field Act of 2010 False Imprisonment Family Dollar Family Medical Leave Act Faragher Farmer Farmers Insurance Farming Farming Operations Farmworkers Fair Labor Practices Act FCRA Fed.R.Civ.P. 10(a) Fed.R.Civ.P. 23(b)(3) Fed.R.Civ.P. 26(b)(1) Fed.R.Civ.P. 34 Fed.R.Civ.P. 41(a)(1)(A)(ii) Fed.R.Civ. P. 43 Fed.R.Civ.P. 68 Federal Arbitration Act Federal Aviation Act Federal Court Federal Register Federal Rule of Civil Procedure 23(b)(3) FedEx Fee Basis Fee Shifting Fee Splitting Field Coordinator Field Managers Field of Science or Learning Fifth Circuit Final Regulations Final Rule Final Rule Domestic Service FINRA FINRA Rule 13204 Firefighters Fire Suppression and Prevention First-Filed First-Filed Rule First Circuit Five Hundred Thousand Dollars Fixed Amount as Straight Time Pay Fixed Salary Flex Time Flight Attendants Florida Constitution Florida Minimum Wage Florida Unpaid Wages Florida Wage Law FLSA FLSA-Protected Activity FLSA Collective Action Waiver FLSA Coverage FLSA Employee FLSA employee misclassification FLSA Employer FLSA Exemptions FLSA Minimum Wage FLSA Overtime FLSA overtime claim FLSA Preemption FLSA Protections FLSA recordkeeping requirements FLSA Retaliation FLSA Settlement Approval FLSA Settlements FLSA Standing FLSA time-shaving FLSA Workweek FLSA Work Week Fluctuating Workweek Fluctuating Work Week FMLA Food in Lieu of Wages Food Service Foot Locker Forced Arbitration Foreign-flagged Ships Foreign Country Foreign Work Exemption Form of Consent to Join Form of Notice Form WH-58 Fourth Circuit Four Year Degree Franchisee franchise workers Franchisor FRCP 8 FRCP 9(b) FRCP 10(a) FRCP 15(b) FRCP 23 FRCP 26(c) FRCP 41(a) FRCP 68 FRE 702 Full Damages Full Relief Function Test FWW GAO Study Gap Time Garment Workers Garnishment Gas Gawker General Household Work General Manager General Release Genesis Genesis Healthcare Corp. Genesis HealthCare Corp. v. Symczyk Georgia EDS Overtime Case Gilmer Good Cause Good Cause Showing Not Required Good Faith Government Accountability Office Governmental Job Government Informer Privilege Gratuities Green Card Grievance Gross Annual Sales Gross Vehicle Weight Gross Vehicle Weight Rating Gross Volume of Sales or Business Done Group Home Group Homes Guest Worker Guest Workers Gulf Oil Co. v. Bernard GVWR H-2B Visa Handling Clause Handling Goods HCE Health Care Reform Law Heavy-Duty Cleaning Company Helicopter Pilots Helix Helix Energy HHA HHAs Highly-Compensated Employee Highly Compensated Employees Hilda Solis Hire/Fire Hire and Fire Hoffman Plastic Home Care Workers Home Health Aides Home Health Workers Home Health Worker Wages Hour-by-Hour Hourly Paid Hourly Plus Hourly Rates Hourly vs. Salary Hours of Work Hours Worked Household Workers Hybrid Action Identity of Witnesses Idle Time IHSS Illegal Aliens Illegal Deductions Illegal Enterprise Immigrant Workers Immigration Status Impermissible Deductions Impermissible Waiver Impleader Implied Waiver Improper Communications Improper Employer Communications In-Home Care Inc. Inc. v. Dukes Incentive Pay Incentives Incidental-to-Air Exemption Incident to or or in Conjunction With Farmng Operations Inclusion of Buy-Back Indemnification Indemnity Claim Under the FLSA Independent Contractor Independent contractor classification Independent Contractor Misclassification Independent Contractor vs Employee Indian Reservation Indicia Indispensible Individual Arbitration Individual Capacity Individual Claim Individual Coverage Individual Defendants Individual Discovery Individualized Damages Individualized Discovery Individual Liability Under the FLSA Individual Plaintiff Informal Complaint Informal Complaints Informal Input Informal Recommendations Informer Privilege Inherent Incompatability Innocent Purchaser In Pari Delicto In re Novartis Wage and Hour Litigation Inside Sales Inspectorate Installment Settlement Institution Institutions Insurance Agency Insurance Brokers Insurance Investigators Integral Integral and Indispensable Integrity Staffing Solutions Interest of Fairness Internal Complaint Internal Complaints Internal Policy Interns Internships Interpretation and Application of the FLSA Interrogatories In Terrorem Effect Interstate Commerce Interstate Trips Intertek Intracompany Complaint Intrastate Trips Investigator Involuntary Audit Iowa IRCA Irrebuttable Presumption IRS Issue of Fact Issue of Law Jane Doe Jane Roe Jet Blue JNOV Job Applicant John Doe Johnson & Johnson Joint Employees Joint Employer Joint Employers Joint Employment Joint Enterprise Judgment Judgment and Discretion Judicial Access Judicial Approval Judicial Bias Judicial Delay Judicial Economy Judicial Estoppel Jury Instruction Jury Question Jury Verdict K-9 K.R.S. § 337.285 Kagan dissent Kasten Kentucky Wage and Hour Law Kick-Backs Kickbacks Knepper v. Rite Aid Corp. Knowing Waiver KPMG Kuebel v. Black & Decker Inc. L.L.C. labor Labor Budgeting Policies Labor Management Relations Act Lacking Retail Concept LA County Lactation Breaks Last Paycheck Late Opt-ins Late Paycheck Late Payment law Law Degree Law School Graduate Learned Professional Learned Professional Exemption Leave to Amend Legal Malpractice Legal Status of Opt-in Plaintiffs Legitimate Business Purpose Liberal Construction Licenced and Practicing in the Field of Medical Science Lie Detector Life Insurance Agent Life Insurance Brokers Likelihood of Interstate Trips LinkedIn Liquidated Damages Living Wage LLC LMRA Loader Loading and Unloading Tools Loan Location of Depositions Lodging Longevity Pay Los Angeles Louisville Firefighters Low-Wage Workers Lowe's LPN Lunch Lynn's Food Lynn's Foods M.D.Fla. Maintenance Director Majority of Work Time Making Sales Malpractice as Basis of FLSA Liability Management Management Employee Management of Collective Action Managers Mandatory Arbitration Mandatory Attorneys Fees Mandatory Service Charge Maritime Marketing Martin v. Spring Break '83 Productions Maryland Wage and Hour Law Massachusetts Massachusetts Tips Law Massachusetts Trial Court Materials Matters of Significance Maître D' MCA MCA Exemption McNamara-O'Hara Service Contract Act Meal Breaks Meals Measurement of FLSA Compliance Measuring Damages Measuring Minimum Wage Mechanic Merits Not Considered Merryday Miami-Dade Wage Theft Ordinance Miami Overtime Law Michael Mahoney Middle District of Tennessee Miller Act Minimum Wage Minimum Wage Law Minimum Wages Minimum Wage Violation Minimum Wage Violations Minimum Wage Workers Minor v. Bostwick Laboratories Mirror-Image Counterclaims Misclassification Misleading Misleading Communications Missel Mitigation Mixed Fleet MLO MLOs Money Damages Moot Mootness Morgan & Morgan Mortgage Brokers Mortgage Loan Officers Mortgage Underwriters Motion for an Order Approving Distribution of a Memorandum to Opt-ins Motion for Approval Motion for Attorneys Fees Motion for Conditional Certification Motion for Decertification Motion for More Definite Statement Motion for Separate Trials Motion for Stay Motion in Limine Motion to Allow Late Opt-ins Motion to Compel Motion to Compel Arbitration Motion to Compel Entry Into Facility Motion to Dismiss Motion to Open and Close Evidence Motion to Proceed Anonymously Motion to Strike Motion to Toll Statute of Limitations Motor Carrier Motor Carrier Act Motor Carrier Act Exemption Motor Carrier Exemption Multidistrict Litigation Multidistrict Panel Municipal Contracts Municipal Employee Mutual Aid or Protection MWA MWHL N.D.Cal. N.J.S.A. § 34:11-4.1 Named-Plaintiff Names Nanny Narcotics Detection Dog National Employment Law Project National Labor Policy Necessity of Court Approval NELA NELP Nevada Nevada State Wage and Hour Claims Nevada Wage and Hour Law New Jersey New Jersey Labor Department New Jersey Wage and Hour Law New Jersey Wage Law New Regulations New Rule news New Salary Rules Newspaper New York New York City New York EDS Overtime Case New York Labor Law New York Times New York wage claims Nine- and Ten- Person Passenger Vans Ninth Circuit NJ Labor Department NJWHL NJWL NLRA NLRA Section 7 NLRB No Advanced Degree Non-Compensable Non-Disparagement Non-Enforcement Non-Exempt Non-Exempt Case Managers Non-Exempt Employees Non-FLSA Claims Non-Jurisdictional Non-Overtime Bonuses Non-Payment Non-Profit Non-Reemployment Non-Reemployment Clause Non-Tipped Employees Non-Waiver Noncompensable Nonexempt Nonproductive Time Norma Jean’s Nite Club Notice Notice Language Notice Motion Notice of Intent to Proceed as Collective Action Notice of Pendency Notice of Proposed Rulemaking Notice of Tip Credit Notice Package Notice Period Notice Requirement Notice Via Social Media Notice Warning Novartis NPRM Number of Employees Nurse Case Managers Nurse Case Managers Overtime Pay Nursery Nursing Mothers NYLL NYLL. Arming Up NYLL § 196-d NY Times Obama Objective Objective Good Faith Obtaining Releases from Class Members Off-Duty Care and Training Off-the-Clock Off Duty Hours Offer of Judgment Offer of Judgment Cannot Moot FLSA Case Offer of Settlement Offer of Settlement Absent Right to Enter Judgment Office or Non-Manual Work Official Capacity Offset Offsets Off The Clock Work OGC Inspectors OJ On-call Time On a Farm Onyx Opening and Closing Opt-in Opt-in Consent Opt-in Depositions Opt-in Notice Opt-in Period Opt-in Plaintiff Opt-in Plaintiff Status in FLSA Case Opt-ins Opt-out Class Action Oral Complaint Order of Proof Oregon Oregon Minimum Wage Oregon Tort Claims Act Original Jurisdiction OTCA Other Facilities Out-of-State Out-of-State Communications Outside Sales Outside Sales Exemption Overbroad Overnight Motor Overnight Motor Transportation Co. v. Missel Overnight Shifts Overtiime Law Overtime Overtime Class Action Overtime Damages Overtime Exemptions Overtime for Nurse Case Managers Overtime Hours Overtime Law Overtime Laws Overtime Lawyer Overtime Pay Overtime Rule Overtime Violations Owner Owner-Operator Owner as Employee Owners Oxford Health Plans LLC v. Sutter PA Paid Breaks Paid Breaks Not Offset Paid Lunches Palacios v. Boerhinger Ingelheim Pharmaceuticals Paralegal Paramedics Part-Owner Partial Liquidated Damages Partsman Patient Protection and Affordable Care Act Payday Pay Increases Pay Records Payroll Manager Payroll Records Pay Structure Penalties Pending Pennsylvania Pennsylvania Minimum Wage Act Pennysylvania Wage and Collection Act PEO Per Diem Perez v. Mortgage Bankers Assn. Performance Fees Permissible Offsets Permit and Suffer Personal Bankers Personal Protection Equipment Personnel Decisions Pervasive Release Petition for Cert Pharmaceutical Reps Pharma Reps Phone Numbers Physical Therapist Physician Assistant Pick Off Pickup Truck Piece Rate Pin Ups Pizza Hut Delivery Drivers Pleading Pleading Standards PMWA Police Cooperation Police Dog Police Lieutenant Police Officers Police Uniforms Portable Data Transmission Portal-To-Portal Act Posner Possession Post-Judgment Collection Post-Notice Communications Postliminary Activity Postliminary Work Potential Class Member Potential Collective Action Member Potential Harm PPACA PPE Practical Administrative Difficulty Practical Training Pre-Certification Pre-Certification Communications Pre-Notice Pre-shift work Precertification Preclusion of Rule 23 Claims Predominance Predominant Benefit Test Preemption Prejudgment Interest Prejudice to Potential Opt-ins Preliminary Activity Preliminary Injunction Preliminary Work Premium Pay Prerequisites to Collective Action President Obama Presuit Settlement Prevailing Party Prevailing Plaintiff Prevailing Wages Prima Facie Case Primarily Engaged in the Business of Selling Such Vehicles Primarily Engaged in the Care Primary Benefit Primary Benefit Test Primary Duties Primary Duty Principal Activity Principle Activities Prior Action Prior Claims Prior Lawsuit Prisoners Private Cause of Action Private Quarters Private Settlement Probert v. Family Centered Services of Alaska Product Design Specialist Production Production Employees Products Professional Employer Organization Professional Exemption Professional Liability Prohibitions on Communications Prolonged Course Of Specialized Intellectual Instruction And Study Promotion Promotions Proposed Regulations Proposed Rule Proposed Rulemaking Pro Se Plaintiff Protected Activity Protective Gear Protective Order Prudential Overtime Class Action Pseudonym PSR PSRs PT Public Agency Public Highways Public Policy Public Safety Exemption Punitive Damages Putative Class Putative Class Members Putative Collective Action Putative Collective Action Member Quality Staffing Services Corporation Questionnaire R.I. Gen. Laws § 28-12-1 et seq. Railway Labor Act Railway Labor Act Exemption Raises Raniere v. Citigroup Inc. Raw Agricultural Goods RCW RCW 49.46.130(1) Re-opening Discovery Real Estate Broker Reasonable Attorney's Fees Reasonabless Recommendations Recommended Tip Reconsideration Record-Keeping Violations Recording Overtime Recording Time Recordkeeping Recordkeeping Burden Recordkeeping Rule Recreational Marijuana Recruiters Recruitment Expenses Recusal Registered Nurse Regular Pay Period Regular Rate Regular Workweek Regulations Reimbursement Relation Back Release Releases Invalidated Relevance Remand Remedial Purpose Repayment Reporters Representative Discovery Representative Plaintiffs Required Res Judicata Restaurants Restaurant Workers Restrictions on Class Communications Restrictions on Communications With Putative Class Members Retail and Service Establishment Retail Business Retail Concept Retail Establishment Retail Exemption Retail or Service Exemption Retaliation Retroactive Applicability Return of Tips RFID Study Rhode Island Rhode Island Minimum Wage Act RLA RLA Exemption RN Roberto Donna Room and Board Rounding Rounding Claims Rounding Down Rounding Policy Rule 8 Rule 12(b)(6) Rule 19 Rule 23 Rule 26 Rule 37 Rule 41 Rule 41(a) Rule 68 Rulemaking Rulemaking Authority Ryskamp S-Corporation S.D.N.Y. SAFETEA-LU Sahyers Salaried Employees Salaried Misclassified Salary Salary Basis Salary Misclassification Salary Threshold Sales Salesman Sales Representative Sanctions Santos v. Lidl Saving Clause Savings Clause SCA Scheme To Avoid Paying Overtime Schering School Bus Drivers Scope of Discovery Scott v. City of New York SCOTUS Seaman's Wage Act Seaman Exemption Secondary Agricultural Exemption Second Circuit Second Filed Action Secretary of Labor Secretary of Labor's Interpretation Secretary of Transportation Secretary Perez Section 7 Section 7 Rights Section 8(a)(1) of the National Labor Relations Act Section 207(e)(2) Section 301 Securitas Security Guards Security Screening Security Screenings Self-Critical Analysis Privilege Self-Evaluation Privilege Separate And Independent Employer Servers Wages Service Changes Service Contract Act Set-off Settlement Settlement Agreement Settlement Approval Settlements Settlement With Co-Defendants Seventh Circuit Severability Clause Severance Severance Agreement Severance Payment Shift Differentials Shortened Statute of Limitations Sick Leave Sick Leave Buy-Back Silence as to Class Waiver Silence in Arbitration Agreement Silence in Collective Bargaining Silent Similarly Situated Simultaneous Employment Simultaneous Owner Employee Singular Workweek Sixth Circuit Skidmore Skycaps Slavery Sleep Time SmithKline Beecham Social Media Social Security Numbers Social Workers SOL Soleley At The Firefighter's Own Option Soliciting Orders Solis v. Tyson Solis v. Washington South Carolina Sovereign Immunity Special Detail Exemption Special Investigators Spoliation Sprint Staffing Agencies Staffing Agency Staff Leasing Company Stage 1 Stage 2 Stage I Stage II Standard on Motion for Decertification Standing Standing of Named Plaintiffs Starbucks State's Rights State Court State Employees State Law State Law Claims State Law Wage and Hour Class State Minimum Wage Laws State Rights Status of Opt-in Plaintiffs Statute of Limitations Statutory Notice Step Outside Normal Job Role Stipulation of Dismissal Stipulations Stock Broker Overtime Class Action Stolen Tips Stolt-Nielsen Stolt–Nielsen Store Manager Store Managers Straight Time Straight Time Overtime Stress Strippers Student-Workers Students Subclaims Subclass Subclasses Subcontractors Subjective Belief Subjective Good Faith Subject Matter Jurisdiction Substantive Right Substantive Statutory Rights Successor in Interest Successor Liability Suffer or Permit Summary Judgment Summary Judgment as to Individual Plaintiffs SuperShuttle Supervise Supplemental Jurisdiction Supplemental Notice Supreme Court Sutherland Sutter Sutter v. Oxford Health Plans LLC Syllabus Symczyk Symczyk v. Genesis HealthCare Corp. T. William Lester Taxicab Exemption Tax Services TCA Technical Corrections Act Teed v. Thomas & Betts Power Solutions Temporary Nonagricultural Workers Temporary Restraining Order Tender Tenth Circuit Test for Joint Employer Test for Successor Liability Under FLSA Thesholds Third-Party Beneficiary Third-Party Payroll Vendor Third-Party Plaintiff Third Circuit Thomas Three-Year Statute of Limitations Threshold Through Ticketing Time and a Half Time and Motion Study Timekeeping Time Records Timothy P. Glynn Tip Tip Credit Tip Credit Damages Tip Damages Tipped Employee Tipped Employees Tipped Employees Claims Tipped Minimum Wage Tip Pool Tip Pooling Tip Pool Participants Tip Retention Tips Title II of the Railway Labor Act Tolling Tolling of Statute of Limitations Tolling Statute of Limitations Tom Harkin Total Annual Compensation Tow Truck Trailer Training Costs Training Time Trash Collectors Travel Expenses Travel Time Trial Testimony TRO Truck Driver Truck Drivers Trump Trump DOL Tumbler Twenty-Eight Day Work Period Twenty Minutes Twitter Two Employees Twombly Tyson Foods U.S. Department of Labor U.S. Territories UCLA Study Ultra Filtrated Milk Ultra Filtration Unaccepted Offer of Judgment Unauthorized Aliens Unclean Hands Unconscionability Unconscionable Under Seal Undocumented Undocumented Aliens Undocumented Immigrants Undocumented Workers Unenforceable Union Union Wages Unjust Enrichment Unpaid Breaks Unpaid Exterships Unpaid Gratuities Unpaid Internships Unpaid Overtime Unpaid Wages Unpaid Wagse Unpaid waiting time Unreachable Class Members Unrealized Revenues Unrepresented Untimely Unwaivable Updated Regulations Updating Regulations Urnikis-Negro Uronis v. Cabot Oil & Gas Corp. Used Cars USSC Vacation Buy-Back Variable Pay Varying Straight Time Pay Vehicle Expense Reimbursements Vehicle Expenses Venue Veracity Research Verbal Complaints Videoconference Testimony Videoconferencing Violators Virginia Visa Visa Expenses Voiding Collective Action Waivers Voluntary Settlement Volunteer Volunteer Firefighter W.D.Va. W2 Wachovia Overtime Class Action Wage Abuses Wage and Hour Wage and Hour Class Action Wage and Hour Division Wage and Hour Law Wage and Hour Laws Wage and Hour Lawsuit Wage and Hour Opinion Letters Wage Discrimination Wage Growth Wage Rates Wages Wage Theft Waiting Time Waiver Waiver Absent Arbitration Waiver of Affirmative Defenses Waiver of Attorney-Client Privilege Waiver of Privilege Wal-Mart Wal-Mart ASM's Wal-Mart Overtime Lawsuit Wal-Mart Settlement Wal-mart Stores Wal-Mart Wage and Hour Violations Walden v. State of Nevada Walk Time Walmart Walmart Suppliers Washington Minimum Wage WH-58 Receipt Form WHD White Collar Exemptions Wildland Firefighting Willfulness Wis. Stat. §§ 109.03 Woody Woo Work Work-Study Program Worker Misclassification Workers' Health Work Hours Working Hours Working Papers Work Materials Work Time Workweek Work Week WPCA Wrecking Services Written Notice Wynn Las Vegas Yard Hostler Zheng v. Liberty Apparel Co. Zinni § 203(o) § 203(r)(2)(C) § 207(a)(1) § 207(i) § 207(k) § 215 § 216 § 216(b) § 255(a) § 541.304 § 778.105 § 778.114 § 779.317

Truman v. DeWolff, Boberg & Associates, Inc.

Plaintiff commenced this action against Defendant alleging violations of section 16(b) of the Fair Labor Standards Act of 1938 (“FLSA”) 29 U.S.C. 216(b); the Pennsylvania Minimum Wage Act of 1968 (“PMWA”) 43 P.S. §§ 333.101–333.115; and the Pennsylvania Wage Collection Act of 1961, 43 Pa. Cons.Stat. Ann. §§ 260.1-260.45. Before the Court is Defendant’s motion for Partial Summary Judgment seeking dismissal of Mr. Truman’s claim that he is due overtime pay under the FLSA for the period of time he worked outside of the United States. Defnedant filed a Reply to Mr. Truman’s Response arguing for the first time that Mr. Truman was also not entitled to overtime payments under the PMWA for the period of time he worked in foreign countries. Thereafter, Plaintiff filed a Sur-Reply opposing the imposition of Partial Summary Judgment to his PMWA claim. The Court denied the motion for Partial Summary Judgment with regards to the PMWA claim.

After discussing the statutory basis for granting Defendant’s Motion regarding the FLSA and the foreign work, the Court turned to Plaintiff’s claims for the same work under the PMWA, stating, “[t]he Pennsylvania Minimum Wage Act guarantees that employees will be paid one and one-half times their regular rate for any overtime worked. 43 P.S. § 333.104(c). Exemptions to this statutory provision are recorded in 43 P.S. § 333.105. Unlike the FLSA, the PMWA does not contain an explicit exemption for work performed outside of the United States. However, the PMWA has been construed to extend its protections to employees who work outside of Pennsylvania. Friedrich v. U.S. Computer Systems, Inc., 1996 WL 32888 (E.D.Pa. Jan.22, 1996). In Friedrich the Court permitted the PMWA to apply to Pennsylvania-based employees who perform work in states outside of Pennsylvania. 1996 WL 32888, at *8-9. Allowing employees who perform work outside of Pennsylvania to benefit from the PMWA is in accord with the PMWA’s Declaration of Policy. 43 P.S. § 333.101 (“Employes employed in such occupations are not as a class on a level of equality in bargaining with their employers in regard to minimum fair wage standards … wages in such occupations are often found to bear no relation to the fair value of the services rendered”). Thus, there is nothing within the PMWA that restricts the benefits of the PMWA to work performed within the United States.

The FLSA does not preempt state minimum wage acts from offering greater protection to state employees than does the FLSA. For example, the FLSA states that, “[n]o provision of this Act … or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this Act.”29 U.S.C. § 218(a). Additionally, several courts have found that explicit FLSA exemptions do not preempt state laws from offering state employees greater protections than FLSA. See e.g., Pacific Merchant Shipping Ass’n v. Aubry, 918 F.2d 1409, 1417 (9th Cir.1990) (“We hold that [29 U.S.C.] section 213(b)(6) does not preempt California from applying the state’s overtime pay laws to FLSA-exempt seamen working off the California coast.”); Pennsylvania Dept. of Labor and Industry v. Whipple, 1989 WL 407328, at *3 (Pa.Com.Pl., 1989) (Overtime exemptions under FLSA “do not affect coverage under Pennsylvania Minimum Wage Act”); Ploufe v. Farm & Ranch Equip. Co., 174 Mont. 313, 320, 570 P.2d 1106 (Mont.1977) (holding that FLSA did not preempt Montana from regulating overtime and wages under the Montana Minimum Wages and Hours Act). In light of the FLSA’s explicit recognition that states may offer greater protections to its employees than the FLSA, we are reluctant to find an unstated foreign-work exemption in the PMWA based solely on the fact that the FLSA contains such an exemption. Baum v. Astrazeneca LP, 605 F.Supp.2d 669, 674 (W.D.Pa.2009) (finding that “[b]ecause the FLSA is a remedial act, the exemptions are typically narrowly construed”).

In Williams v. W.V.A. Transit Co., 472 F.2d 1258 (D.C.Cir.1972), the Court of Appeals for the District of Columbia found that the District of Columbia Minimum Wage Act was not limited by an explicit FLSA exemption:

[A]n employee does not lose his status of being employed in the District merely because he receives an assignment, for a relatively short period, that calls on him to spend all his time for that period at some location outside the District. Otherwise, that status would be lost or suspended through relatively isolated or occasional employment outside the District, and from the common sense of the matter we conclude that this is not the legislative intent. 472 F.2d at 1265-1266. As in Williams, we find that, although there is an applicable FLSA exemption, we cannot find an implied foreign work exemption in the PMWA to remove coverage from Pennsylvania residents who have been given assignments outside of Pennsylvania. If the Pennsylvania legislature had wanted to exempt foreign work from the PMWA it could have expressly included that exemption within the PMWA. See Friedrich, 1996 WL 32888, at *5 (“The Pennsylvania legislature enacted the PMWA to protect those employees who do not benefit from federal protection [under the FLSA].”) Our conclusion is in accord with the FLSA and its regulations that permit state laws to offer greater protections than the FLSA. See29 U.S.C. 218(a) (Section 218“expressly contemplates that workers covered by state law as well as FLSA shall have any additional benefits provided by the state law higher minimum wages; or lower maximum work week.” Williams, 472 F.2d at 1261);29 C.F.R. § 778.5 (“[n]othing in the act, the regulations or the interpretations announced by the Administrator should be taken to override or nullify the provisions” of state and local laws.)

In support of its argument that the FLSA and PMWA should have an identical analysis, DBA relies on Paul v. UPMC Health Sys., C.A. No. 06-1565, 2009 WL 699943 (W.D.Pa. Mar.10, 2009). In Paul, the defendant argued that the plaintiff was properly classified as an administrative employee and was therefore exempt from the overtime requirements under both the FLSA or the PMWA. The Paul Court noted that the “administrative exemptions” set forth in both the FLSA and PMWA are identical, and therefore only analyzed “the applicability of the administrative exemption to plaintiff’s FLSA claim,” noting that “the same analysis, however, also applies to plaintiff’s PMWA claim.” 2009 WL 699943, at *8, n. 1. The Paul Court applied an identical analysis only because both Acts contain express administrative exemptions. The Paul case does not address the circumstance when the FLSA contains an explicit exemption and the PMWA contains no corresponding exemption.

DBA’s reliance on Mitchell v. Abercrombie & Fitch, No. C2-04-306, 2005 WL 1159412 (S.D.Ohio May 17, 2005) is also misplaced. The Mitchell case concerned application of the Ohio Minimum Fair Wage Standards Act to a plaintiff who not only did all of his work outside of Ohio, but also did not reside in Ohio. The Mitchell Court found that the Ohio legislature did not intend the Act to apply to workers, “who perform no work within the territorial limits of the State of Ohio [and that] the Commerce Clause of the United States Constitution prohibits Ohio from regulating the working conditions of a non-resident who performs work and earns wages outside of the state.” 2005 WL 1159412, at *3 (emphasis added). The Mitchell Court also noted that there was “no claim that [plaintiff] ever worked for even a brief period of time in Ohio, which would change the analysis as to the applicability of Ohio law to his employment relationship.” 2005 WL 1159412, at *4. Here, there is no dispute that Mr. Truman is a Pennsylvania-based employee.

The employer has the burden of proof of to show that an employee fits into an exemption. Baum, 605 F.Supp.2d at 674. Mr. Truman has conceded that work he performed outside of the United States is not protected by the FLSA, and thus we will grant DBA’s motion in this respect. However, DBA has failed to show that Mr. Truman is an exempt employee under the PMWA for the work performed in England and Canada. Nothing within the language of the statute implies that work performed in a foreign country by a Pennsylvania resident does not deserve the same protections as work performed within Pennsylvania by the same resident and for the same company. Accordingly, we will deny the motion for partial summary judgment with regards to the PMWA claim.”

Tags: , , , , , , ,

By in Uncategorized on .

Leave a comment

Discover more from Overtime Law Blog

Subscribe now to keep reading and get access to the full archive.

Continue reading