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Tag Archives: FLSA

Are unpaid internships legal?

For most for-profit companies, the answer is generally “no.”  In 2010 guidance, the Department of Labor asserted that most such interns are actually employees who should be paid wages.  Since then, unpaid interns have sued several large employers, including NBC Universal Media Inc., Viacom Inc., Son...

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Employers Beware: Fourth Circuit Extends Statute of Limitations When Workplace Failed to Post FLSA Notice

The Fourth Circuit recently recognized that an employer’s failure to post the required notice of rights under the Fair Labor Standards Act (FLSA) can extend (or “toll”) an aggrieved employee’s statute of limitations. The case involves an individual from the Philippines, Christina Cruz, who came to t...

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Local Federal Court Rejects Overtime Claim of Employee Performing Half Her Sales Duties Outside Office

The U.S. District Court in Alexandria, VA recently granted summary judgment to a defendant employer in a case concerning the "outside sales exemption" of the Fair Labor Standards Act (FLSA).  In Dixon v. Prospect Mortgage, LLC (No. 1:13-cv-01434), Judge James Cacheris ruled that because the...

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Can a company settle an overtime claim with its employee without litigation?

Conventional wisdom says no, but recent legal decisions suggest that it may be possible if the settlement is in good faith.  (These decisions have analyzed the terms of the Fair Labor Standards Act (FLSA or Act) that prevent an employee from waiving rights under the Act.)  Traditionally, courts have...

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U.S. Supreme Court Paves Way for Employers to Shut Down FLSA Collective Actions

The Fair Labor Standards Act (FLSA) gives employees powerful tools to recover unpaid minimum wages and overtime from their employers.  Not only can employees sue for double damages, plus attorneys’ fees, but they can sue owners personally and bring their claims as “collective actions” that notify ot...

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