The National Law Forum

The Blog of the The National Law Review

Tag Archives: Labor Law

No Pay Can Be OK – A New Test to Determine the Primary Beneficiary in Unpaid Internships

This summer, two federal appellate courts declined to follow the U.S. Department of Labor’s six factors for determining whether an unpaid intern is an employee under the Fair Labor Standards Act (“FLSA”). In doing so, those courts — the Second Circuit (covering Connecticut, New York, and Vermont) and the Eleventh Circuit (covering Alabama, Florida, and …

Continue reading

Minor League Baseball Players’ Minimum Wage, Overtime Claims Proceed to Class Certification Stage

baseball stadium 1280x800 wallpaper_www.wallmay.net_26

Former minor league baseball players are one step closer to gaining class certification of their wage and hour lawsuit against 22 Major League Baseball (“MLB”) franchises. The players allege that the franchises have been paying them less than minimum wage, denying them overtime pay, and requiring them to train during off-season without any pay. They …

Continue reading

High Tech and New Media: Organized Labor’s New Frontier

Mobile devices, wireless communication technology and internet web concept: business laptop or office notebook, tablet computer PC and modern black glossy touchscreen smartphones with colorful application interfaces isolated on white background

When one thinks of industries where union activity remains strong and additional organizing is likely, one may think of health care, education, retail, heavy manufacturing, and other “old school” fields, but not high tech and “new media.” Recent developments, however, including targeted campaigns focusing on employers in the Silicon Valley, its East Coast cohort Silicon …

Continue reading

Workers Should Properly be Classified as Employees Under the FLSA

U.S. Department of Labor (“DOL”) yesterday issued an Administrator Interpretation Memorandum announcing its position that most American workers are employees (as opposed to independent contractors), and thus are covered by the Fair Labor Standards Act (FLSA). The announcement comes exactly two weeks after the DOL issued a Notice of Proposed Rulemaking that would significantly change the …

Continue reading

President Obama Makes Announcement on Overtime Regulations

On Monday, June 29, President Obama announced a change in rules that would expand overtime eligibility to millions of Americans. Beginning with the observation that “It’s been a few good days for America,” Obama announced the salary threshold where workers wouldautomatically qualify for time-and-a-half overtime wages would be raised from  $23,660 to $50,440.  This change …

Continue reading


Get every new post delivered to your Inbox.

Join 23,037 other followers