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Tag: FLSA

Study Finds Employment Litigation Reached Seven Year High

According to a study by Lex Machina, federal employment litigation has reached the highest levels they have been in seven years, since before the COVID-19 pandemic. This dramatic increase in litigation has been attributed to an increase in both discrimination cases and disability accommodation cases, which have risen dramatically since 2018. This shift is attributed partly to an increase of COVID-related disability claims, as well as other shifts in the law that have made it easier to sue for employment discrimination.

Continue reading “Study Finds Employment Litigation Reached Seven Year High”

USSC Holds “Preponderance” Standard in FLSA Case

In a recent ruling, E.M.D. Sales, Inc. v. Carrera, the US Supreme Court held that a “preponderance of the evidence” is the appropriate legal standard to determine if an employee is exempt under the Fair Labor Standards Act (FLSA). This is compared to the standard the respondent advanced, which is the much more stringent “clear and convincing evidence” standard. This means that it may be much harder for employees to prove they should be entitled to overtime pay. Continue reading “USSC Holds “Preponderance” Standard in FLSA Case”

FLSA Salary Increase Struck Down in Federal Court

A federal court in the Eastern District of Texas has struck down a recent Department of Labor (DOL) rule change that would have increased the income limit of people eligible for overtime under the Fair Labor Standards Act (FLSA). Under the court’s ruling, the overtime rule itself is unconstitutional, not only invalidating this rule change, but also a previous income increase. The net result is that fewer people will now be eligible for overtime pay in their current positions.

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Federal Appeals Court Says PTO is Not Salary

In a recently decided court case, the Third Circuit Court of Appeals has ruled that paid time off (sometimes referred to as PTO) earned through an employee’s job does not count as part of their salary. As a result, deductions made from an employee’s PTO by their employer does not violate the Fair Labor Standards Act (FLSA). This case is the first of its kind to be decided at the Circuit Court level, meaning it may influence how other similar decisions are made. Continue reading “Federal Appeals Court Says PTO is Not Salary”

Ninth Circuit Rules Pre-Shift Duties Covered by FLSA

In a recent decision issued by the Ninth Circuit Court of Appeals, it was ruled that the Fair Labor Standards Act (FLSA) requires compensation for pre-shift duties, such as turning on a computer and logging into a system. This reverses a lower court decision that had ruled the opposite, exempting employers from compensating employees for this extra time. The result could be a substantial increase in the pay for certain wage-earners.

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Federal Bill Proposal Seeks To Raise Overtime Threshold

In a combined effort to ensure overtime protections for low- and mid-wage salaried workers, Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, along with eight Senate officials, recently introduced the Restoring Overtime Pay for Working Americans Act.

Presently, the Fair Labor Standards Act (FLSA) guarantees a minimum wage and overtime pay for private-sector U.S. workers. However, many workers are considered “exempt” from the law, partly because of a salary threshold, $23,660 per year or $455 per week, which is specifically directed at managers and “professional” employees.

Continue reading “Federal Bill Proposal Seeks To Raise Overtime Threshold”

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    Abbie Richards
    My experience working with Steven was fantastic. From the initial conversation, he was realistic and measured my expectations, while being incredibly validating. He made the process as smooth as possible, keeping me in the loop at every turn. His reassurance throughout was greatly appreciated as well. I cannot recommend Steven highly enough!
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    Steven is simply phenomenal! From the moment we first connected, I could tell we were cut from the same cloth. I am always direct with and relentlessly supportive of my collaborators and clients, and Steven is no different. He is a well-informed, no-nonsense, straight-shooter who does what’s necessary to yield favorable results, which is exactly what he did for me. I protect my colleagues, which is why I’ve already been referring them to him too. With Steven on your side, you can’t go wrong. He just won’t let you.
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    Steve is awesome. Honest and tells it like it is. So happy I spoke with him.
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    I can't recommend Steven Sack highly enough. He is an exceptional employment lawyer—knowledgeable, strategic, responsive, and incredibly effective. From our first conversation, I felt confident that I was in the best possible hands.

    Steven achieved an outcome that far exceeded my expectations and brought an enormous sense of relief during an incredibly stressful time. His expertise, professionalism, and ability to navigate a difficult employment matter were truly outstanding.

    If you're looking for an employment attorney who is experienced, compassionate, and delivers results, I would wholeheartedly recommend Steven Sack.
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    From my very first conversation with Steven, I knew I was in good hands. He took the time to truly listen to my situation, made me feel heard, and immediately gave me confidence that I had the right team on my side during one of the most difficult times in my life. One gesture that I’ll never forget was when he sent me a copy of his book with a thoughtful handwritten note. It wasn’t something he had to do, but it showed the kind of person he is and how much he genuinely cares about the people he represents. His guidance went far beyond legal advice. I can’t say enough about how grateful I am for Steven and the decades he has dedicated to advocating for his clients. It’s clear that this isn’t just a profession for him. He truly cares about helping people move forward. I feel incredibly fortunate to have been one of his clients, and it was an honor to work with him. I’m deeply grateful for everything he did for me and would recommend him without hesitation.
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