The Legal Intelligencer | Commentary
By Andrea M. Kirshenbaum and Jennifer N. Capozzola | March 25, 2024
While the DOL rule took effect as scheduled (in contrast to the NLRB joint employer rule that was struck down by a Texas federal court on March 8), multiple lawsuits stand in its path and lawmakers in both chambers of Congress are challenging the 2024 IC Rule under the Congressional Review Act.
The Legal Intelligencer | News
By Aleeza Furman | February 8, 2024
"While the drivers' federal law claims are governed by the economic realities test, the Pennsylvania Supreme Court has yet to endorse a specific test for the state law claims," Pietragallo Gordon Alfano Bosick & Raspanti partner Jeremy Abay.
The Legal Intelligencer | Commentary
By Andrea M. Kirshenbaum and Charli M. Grayson | December 18, 2023
The DOL proposed to set the salary level at the 35th percentile of weekly earnings for full-time salaried workers based on the lowest-wage Census region. The public comment period has closed and the DOL announced that it plans to issue the final rule in April 2024.
The Legal Intelligencer | Commentary
By Andrea M. Kirshenbaum and Tanner McCarron | October 24, 2023
The NPRM proposes a more than 50% increase to the minimum salary thresholds to be classified as exempt from overtime under the white-collar exemptions (i.e., executive, administrative and professional) and a more than 30% increase to qualify for the highly compensated employee exemption.
By VerdictSearch | September 7, 2023
From November 2014 to September 2021, East Penn Manufacturing Company Inc., a battery-manufacturer, employed over 7,500 employees, whose rights were federally protected by plaintiff U.S. Department of Labor. The federal government claimed that, during this time frame, East Penn routinely failed to pay employees for all hours worked, in violation of the Fair Labor Standards Act's overtime requirements.
By ALM Staff | August 21, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
The Legal Intelligencer | Commentary
By Andrea M. Kirshenbaum | July 24, 2023
The Mallory v. Norfolk Southern Railway holding that a plaintiff whose cause of action did not arise in Pennsylvania could sue a corporate entity that did not have Pennsylvania citizenship in the Philadelphia Court of Common Pleas unsettles decades of personal jurisdiction jurisprudence.
The Legal Intelligencer | News
By Amanda O'Brien | July 5, 2023
"We needed to extricate ourselves from that distraction," new Pittsburgh office chair Sunshine Fellows said of the derogatory messages sent by firm founders John Barber and Jeffrey Ranen while at Lewis Brisbois.
By Avalon Zoppo | April 26, 2023
Third Circuit finds the rideshare service's drivers generally were not engaged in interstate commerce that would exempt them from the law.
The Legal Intelligencer | Commentary
By Andrea M. Kirshenbaum | March 27, 2023
The meaning of this phrase and the nature and extent of the U.S. Department of Labor's (DOL) authority to "define and delimit" the so called "white collar" or "EAP" exemption recently has been called into question by U.S. Supreme Court Justice Brett Kavanaugh's dissenting opinion (which was joined by Justice Samuel Alito) in Helix Energy Solutions Group v. Hewitt.
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