January 2015 Archives

Home Care Aides and the FLSA: Judicial Checks on the Department of Labor

In 2014, the Department of Labor adopted a new regulation, scheduled to take effect on January 1, 2015. This new regulation aimed to eliminate an exemption from the Fair Labor Standards Act (FLSA) for home care aides and those who provide live-in domestic services. On December 22, 2014 U.S. District Court for Washington D.C. struck down this new regulation in the case of Home Care Association of America v. Weil. [1]

The Black Swan Case: Unpaid Interns and the FLSA

In 2011, two unpaid production interns who worked on the set of the film, Black Swan, filed suit against Fox Searchlight Pictures, alleging the company had violated New York and federal minimum wage laws. These interns were required to perform tasks such as organizing filing cabinets, making photocopies, taking lunch orders and answering phones. In June of 2013, federal judge, William H. Pauley III, ruled these interns should have been paid wages and were in fact regular employees. This decision could upend the practices of industries who have become reliant on unpaid interns. [1]