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The number of workers taking their employers to court over unfair pay is skyrocketing. In 2013, wage & hour litigation continued its trend of outpacing all other types of workplace class actions. Additionally, collective actions pursued in federal court under the FLSA outnumbered all other types of private class actions in employment-related cases with a total of 7,764 cases filed in 2013 (a 10 percent increase from 2012 – 7,064).
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For more insight on retail salesperson exemptions, see Section 3.04 Exemptions from Overtime Only of Wages & Hours: Law and Practice.
For additional discussion of compensable time, see Chapter 6, Compensable Time Under the Fair Labor Standards Act and the Portal-to-Portal Act of Wages & Hours: Law and Practice.
The vote happened in late April, but the results will be sealed until a final decision is made by the NLRB. espn.go.com/.../northwestern-wildcats-players-vote-whether-form-first-union-college-athletes
I read that Northwestern football players spend 50 - 60 hrs/week engaging in football-related activities during training camp. 40 - 50 hrs/week on football during the 4-month season. That's a lot of OT.
Economic conditions have supported increased demand for unpaid internships while the DOL has simultaneously increased enforcement. The recent New York decision involving interns on the movie set of the Black Swan has led to a rash of additional lawsuits challenging the classification of interns. How has the scrutiny of the unpaid intern classification resulted in increased litigation in other jurisdictions?
I have to believe that wage and hour lawsuits can only increase as a result of minimum wage hikes. If employers are inclined to avoid complying with wage and hour laws, the minimum wage hikes are simply going to increase the pressure to avoid paying legal wages. And some employers who are paying legal wages but feel like they are just scraping by may feel pressure to stop.
For additional discussion of interns and volunteers, see § 2.01A The Employment Relationship of Wages & Hours: Law and Practice.
The topic of smart phones and remote access is challenging to employers. What are the possible liabilities to employers of hourly employees with access to work-related e-mail through smart phones?Do hourly employees use these devices for work? Are they recording their time and are they being paid for this time?
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