Articles and Blogs

Overtime

Health Care Industry Still Being Targeted in Class/Collective Action Wage and Hour Litigation

[07/12/18]

Posted on July 12, 2018 in HR Insights for Health Care

Published by: Hall Render

A multi-facility health care employer, with subsidiary facilities in Pennsylvania and New Jersey, has been named in a class/collective action lawsuit filed in Pennsylvania federal court for allegedly failing to pay its employees adequate overtime under both federal and state wage and hour laws. Plaintiff’s Allegations The plaintiff, a non-exempt (i.e., hourly) medical lab... READ MORE

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Court Gives Preliminary Approval to $6.255 Million Settlement in Class Action Wage and Hour Dispute

[06/13/17]

Posted on June 13, 2017 in HR Insights for Health Care

Published by: Hall Render

A federal district court in California recently gave preliminary approval to a $6.255 million settlement in a class and collective action wage and hour lawsuit against a California-based medical group. The proposed settlement class includes more than 1,300 registered nurses who provided advice and education to patients of the medical group through three call... READ MORE

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Increases in Salary Thresholds Under the FLSA Portend Overtime for Millions of Traditionally Exempt Employees

[07/05/16]

Posted on July 5, 2016 in HR Insights for Health Care

Written by: Jonathon A. Rabin

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE

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Using “Unpaid” Interns Serves as a $1.34 Million Lesson for Employers

[10/27/15]

Posted on October 27, 2015 in HR Insights for Health Care

Written by: Jonathon A. Rabin

All Work and No Pay A recent provisionally approved settlement in a wage and hour class and collective action case serves as an important reminder for employers of the risks and potential costs of hiring interns to perform work without pay.  In Tart et al. v. Lions Gate Entertainment Corp. et al, two plaintiffs... READ MORE

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That’s Quite a Bump! DOL Proposes Doubling Overtime Exemption Salary Threshold

[06/30/15]

Posted on June 30, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

The U.S. Department of Labor (“DOL”) has officially proposed a significant increase to the salary requirement governing which executive, administrative and professional employees are entitled to the Fair Labor Standards Act’s minimum wage and overtime pay. In order to be exempt from minimum wage and overtime, an employee must be a bona fide executive, administrative... READ MORE

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Pay for Required Time Spent in Security Screening – Yes or No?

[12/11/14]

Posted on December 11, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Does an employer have to pay its employees when it requires them to stand in line every day for up to 25 minutes waiting to go through security screening at the end of the day?  It seems like that’s a lot of time and that it might be fair to compensate those employees for... READ MORE

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Overtime for Home Care Workers Coming in 2015

[10/02/13]

Posted on October 2, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

DOL Extends Minimum Wage and Overtime Protections to Home Care Workers Last week, the Department of Labor’s (“DOL”) Wage and Hour Division released a new rule extending minimum wage and overtime protections under the Fair Labor Standards Act (“FLSA”) to home care workers employed by third-party employers.  The new rule, which is not scheduled to... READ MORE

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Heads Up for CEOs and Others – Personal Liability for Overtime Violations

[07/29/13]

Posted on July 29, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

It doesn’t happen often but when it does it can be a very big deal – personally.  Because of how the term “employer” is broadly defined by the Fair Labor Standards Act (“FLSA”) (which deals with wages, hours and overtime), it has long been possible for a manager to be considered an “employer” and... READ MORE

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“No Class” – Court Rules for Employer in Meal Period Class Action

[11/19/12]

Posted on November 19, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The Court Turns the Tide of the Epidemic For several years now there has been a veritable epidemic of class and collective actions filed against employers claiming that employees were not paid for working through their meal periods.  These cases arose frequently where employees were subject to automatic meal period deductions of 30 minutes... READ MORE

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I Didn’t Know They Were Working – Do I Still Have to Pay Them?

[02/11/12]

Posted on February 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Suppose one of your supervisory employees – for over eight years – clocked in 15 to 45 minutes before the start of her shift 5 AM early morning shift and spent most of that time doing tasks related to her normal duties.  Then, your employee sues you and claims that she has been underpaid... READ MORE

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