Constangy's Field Guide to the Fair Labor Standards Act

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Provides Florida attorneys with clarity to the most recent developments under the FLSA's regulations and facilitate a better understanding of the legal field.

Authored By:  Michael D. Malfitano, partner, Constangy Brooks & Smith, LLP

Daily Business Review Books is releasing their annual: Constangy's Field Guide to the Fair Labor Standards Act, authored by the law firm of Constangy Brooks & Smith, LLP. This book will provide Florida attorneys with clarity to the most recent developments under the FLSA's regulations and facilitate a better understanding of:

  • FLSA retaliation claims. Including an analysis of the Supreme Court's decision in Kasten.
  • What courts look for in granting or denying summary judgment, for plaintiffs and defendants, in an exemption case
  • The continuing battle among the courts on defining the outside sales exemption: who is winning?
  • The latest on coverage issues for the highly compensated employee  exemption
  • Damages for misclassification: how employers are escaping the big hit
  • Failing to plead affirmative defenses:  is all lost?
  • and much more
Additional Information
SKU FCFG
Division Name Daily Business Review
Volumes 0
Product Types Books
Brand Daily Business Review (FL)
Jurisdiction Florida
ISBN 978-1-57625-660-2
Page Count 0
Edition 0
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Michael D. Malfitano

Mike Malfitano is a senior Florida labor attorney who assists employers in problem prevention and legal analysis of complex employment issues. He has represented employers in cases involving every aspect of the employment relationship. He also represents employers in collective bargaining, arbitration, and union avoidance. He counsels employers with respect to Title VII, ADA and FMLA compliance, Wage Hour compliance, employee benefits issues, affirmative action, and in structuring payroll and compensation programs.  Mike is a Managing Partner in Constangy, Brooks & Smith, LLP, a national labor and employment law firm, and is the Office Head of its Tampa Office.  He received his B.S. from the School of Industrial and Labor Relations at Cornell University, and his law degree from Boston College Law School.  Mike is a frequent lecturer at seminars for both employers and for other lawyers, and he has authored a number of labor law articles and a chapter of a book published by The Florida Bar on Labor Arbitration.  He is actively involved in community affairs, and is a member of the Board of Trustees of the Drug Abuse Comprehensive Coordinating Office (DACCO), and The University of Tampa Board of Fellows.  He is listed in The Best Lawyers in America (Woodward/White, Inc.) and Florida Super Lawyers.  He is recognized by Chambers USA as possessing valuable experience in the area and to be "very responsive and very good value."

 

 

Table of Contents

 

Chapter 1: General Regulations...............................1

 

1-1  29CFR § 541.0. Introductory Statement..................1 

1-1:1 Preemption............................................2 

1-1:2 Unclean Hands..........................................3 

1-1:3 Exempt Status as an Affirmative Defense...............4 

1-1:4 Employees v. Independent Contractors...................6 

1-1:5 Interns and the FLSA...................................9 

1-1:6 Coverage of Employer by the FLSA.......................9 

1-1:7 Positions Not Covered by FLSA.........................12 

1-1:8 State Law Breach of Contract Claims 

     and Preemption .......................................14 

1-1:9 Deference to the FLSA and Its Regulations.............14 

1-2  29 CFR § 541.1. Terms Used in Regulations .............16 

1-3  29 CFR § 541.2. Job Titles Insufficient................16 

1-3:1 Role of Job Title....................................17 

1-3:2 Damages for Misclassified Employees...................18 

1-3:3 Value of Well-Defined Job Descriptions...............19 

1-4  29 CFR § 541.3. Scope of the Section 13a)(1)Exemption..19 

1-4:1 Scope of Regulation..................................21 

1-4:2 Police

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