“Primary Beneficiary” is the New Test for Determining Whether an Intern is Exempt from the FLSA in the Second and Eleventh Circuits

This June, the Second Circuit moved away from the Department of Labor’s six-factor test for determining whether an intern can be exempt from FLSA minimum wage and overtime requirements and instead adopted the “primary beneficiary” test.

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NLRB Issues Revised Bench Book

On October 19, 2015, the National Labor Relations Board released a new version of its “Bench Book:  An NLRB Trial Manual.”  The updated Bench Book replaces the prior 2010 edition and can be found on the Board’s website.

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New World of Workplace Wages

HSE attorney Ben Mudrick appeared on the Greater Rochester Enterprise’s October 3rd ‘Eyes on the Future’ radio show, along with Laurie Enright, Placement Director at AP Professionals.

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NLRB’s “Joint Employer” Shift Creates Risk for Users of Contract Labor and Franchisors

Overturning more than 30 years of precedent, the NLRB recently set forth a new standard for a finding of “joint employment,” which could dramatically affect any business using contract/temporary labor or in a franchisor/franchisee relationship.  See Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015). 

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Exempt or Non-Exempt? What About Overtime?

One of the most common questions we get as employment attorneys is: “Is an employee in [insert job title] exempt or do I have to pay overtime?”  Alternatively, sometimes we get asked, “If I pay an employee a salary, doesn’t that make that employee exempt?”

As you have may have experienced firsthand, our initial (and understandably frustrating) answer is often: “It depends.

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Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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