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Fetured Job Of the Day
Fetured Job Of the Day

Corporate/Securities Attorney with 3-6 years of capital markets experience

Los Angeles office of our client seeks corporate and securities attorn...
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Date Posted: May 19, 2018

Employer:   BCG Attorney Search

Salary: Not Specified


201 South Biscayne Boulevard, Suite 1700 ,
Miami, Florida - 33131



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Staff Size : 39
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Law Firm News
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Employers faced with a case that involves provisions of the Fair Labor Standards Act (FLSA) often find themselves attempting to wade through the thicket of regulations without necessarily being aware of recent changes to the law that may have significant impact. The FLSA involves technical and often-changing interpretations of provisions within the Code of Federal Regulations and the rules and regulations of the Department of Labor.

One recent example is the U.S. Supreme Court decision on June 11, 2007 that upholds and further defines the limited “companionship services” exemption under the FLSA challenged by the federal Court of Appeals’ ruling in Long Island Care At Home, Ltd. v. Coke, 2007 WL 1661472 ( U.S. June 11, 2007). Additionally, the Court also referred the issue to Congress for legislative remedy.

Adopted in 1938, the FLSA sets the minimum wage rate, overtime pay, regulates equal pay, record-keeping requirements and child labor standards. Since 1974, the FLSA specifically governs minimum wage and overtime rules for “domestic service employment” and “companionship services.” But, domestic service employees, those performing general household work on a more than casual basis, are entitled to at least the Federal minimum wage and overtime, and those performing “companionship services,” as defined by the Department of Labor, have limited exemptions that do not require the payment of minimum wage and overtime.

The limited exemptions for “companionship services” are in force when ALL conditions that constitute “companionship services” are present. They include services for the care, fellowship, and protection of persons who, because of advanced age or physical or mental infirmity, cannot care for themselves. Such services include household work for aged or infirm persons including meal preparation, bed making, clothes washing, and other similar personal services. General household work is also included as long as it does not exceed 20 percent of the total weekly hours worked by the companion. “Where this 20 percent limitation is exceeded, the employee must be paid for all hours in compliance with the minimum wage and overtime requirements of the FLSA.” (See Department of Labor Fact Sheet: Companionship Exemptions)

The Coke decision is important because it is estimated that currently over one million companion workers are employed by home healthcare agencies throughout the United States, and this ruling will have a significant impact on overtime considerations. In the South Florida market where the elderly population is significant, the impact can already be seen. In a recent case brought against a high profile South Florida company that operates in the domestic companionship services market, a plaintiff alleged, unsuccessfully, that as an employee of the company she was entitled to overtime pay for providing domestic companionship services.

In the Coke case, Evelyn Coke brought a similar action against her employer, Long Island Care at Home, Ltd., for unpaid wages, claiming the FLSA companionship services exemption was not applicable to individuals, like her, employed by third-party agencies. Coke challenged the enforceability of the Department of Labor regulation that specifically provides that persons employed by third parties are governed by the “companionship services” exemption. The federal court of appeals ruled in Coke’s favor finding that the exemption for home health-care providers should not apply to non-family employees because the intention of the regulation was to exempt companions, not individuals employed to assist with housekeeping and the activities of daily living.

The Supreme Court decision to overturn the Appellate Court’s decision recognizes that the FLSA explicitly leaves gaps as to the scope and definition of certain statutory terms, including “domestic service employment” and “companionship services,” and provides the Department of Labor with the power to fill these gaps through its rules and regulations. Accordingly, the Supreme Court found that the recently issued Department of Labor regulation, which broadly defines “domestic service employment” and “companionship services” to include services provided by a home healthcare provider who is employed by a third-party agency, meets the exemption under the FLSA and is an appropriate gap filler.

The Coke decision emphasizes the importance of minimum wage and overtime considerations under the FLSA and Florida law. Lawsuits alleging violations of minimum wage and overtime laws, such as the FLSA, are on the rise. As a result, it has become increasingly important for employers to pay close attention to the detailed requirements of the FLSA and to seek counsel to assist with the complex minimum wage and overtime compliance issues.

Kluger Peretz Kaplan & Berlin, one of Florida’s leading law firms, received national honors today for its litigation and dispute resolution and bankruptcy and creditor’s rights practices from the Chambers & Partners USA Guide to America’s Leading Lawyers for Business, an annual listing of the leading business lawyers and law firms in the United States. Kluger Peretz Kaplan & Berlin’s Litigation & Dispute Resolution practice went up a slot in rank. Managing director, Howard J. Berlin, and firm members Alan J. Kluger, Steve I. Silverman and Michael D. Seese all received individual recognition for being among the best in their respective fields.

“Being recognized along with such an elite and well-respected group of law firms and legal professionals is a great honor,” said Howard Berlin.“We are extremely proud of this acknowledgement of the excellent service the firm’s litigation and bankruptcy practice groups provide to our clients.”

Berlin noted that this industry accolade is particularly gratifying because of Chambers & Partner’s peer review-based ranking process. The firms and attorneys selected by Chambers USA for the 2007 listing are chosen based upon interviews with leading private practice attorneys, judges, and in-house counsel, as well as client reviews and analysis of recent legal work.

About the Chambers USA Research:

Chambers USA, a division of Chambers & Partners, conducted in-depth interviews with clients and attorneys over the telephone, each one lasting about half an hour for the current U.S. directory. The interviews were conducted across the United States, carried out by a team of 30 full-time researchers over a period of 12 months. The rankings and editorial comment about attorneys are independent and objective. Inclusion in this section of the guide is based solely on the research team’s findings. For more information,

Primary Practice Areas

Real Estate,Bankruptcy and Creditor's Rights, Litigation & Dispute Resolution, Intellectual Property Law, Business and Real Estate Transactions.

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Legal Jobs

Jul 23,2008 USA--Miami Litigation, Intellectual Property/Attorney/Law Firm/Miami, FL

A law firm is seeking an Attorney with 2-3 years of experience in intellectual property litigation matters. Experience in general litigation will be necessary. Relocation candidate will be considered.
Jan 11,2008 USA--Boca Raton Corporate/Paralegal/Law Firm/Boca Raton, FL

Corporate Paralegal
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