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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 19
  • March
  • 2019

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New Overtime Rule: It Could Have Been Worse!

Ordinarily, you might expect that the business community would get pretty upset by a proposed rule increasing the minimum salary required for exempt employees under the Fair Labor Standards Act from $23,600 to $35,308. After all, there are quite a few front line supervisors in fast food restaurants and smaller businesses who earn annual salaries in the low thirty thousands, especially in communities with lower costs of living. The proposed regulation will require employers to start paying these employees overtime or raise their salaries to the minimum threshold.

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  • 07
  • February
  • 2019

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Offers of Judgment: A Tool for Minimizing Liability in Overtime Cases

As many employers have learned, the biggest liability in many overtime cases brought under the Fair Labor Standards Act (“FLSA”) is often not the unpaid overtime or liquidated damages but the attorneys’ fees that the plaintiff’s attorney is entitled to recover if he prevails on behalf of his client. While a misclassified employee who occasionally worked overtime may only recover a couple of thousand dollars, his lawyer could well end up with a six-figure award.

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National Employer Gets Tangled up by Differing State Standards

Recent headlines involving Buzzfeed News highlighted the challenges that multi-state employers can have when some of their employees are subject to more employee-friendly state laws than others. When Buzzfeed recently laid off 15% of its workforce, it initially announced that, consistent with applicable local laws, it would only pay out unused but accrued vacation time for those employees located in states that required such payment.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner