Noel Tripp

Jackson Lewis P.C.

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Second Circuit Shears Cosmetology Student’s Claims In Intern-Or-Employee Case

Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s...more

2/12/2019 / Corporate Counsel , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Internships , Misclassification , Primary Beneficiary Test , Students , Unpaid Interns , Wage and Hour

FLSA Amendment Bars Employers From Retaining Tips But Removes DOL Prohibition On Tip Sharing

An amendment to the Fair Labor Standards Act (FLSA) in the omnibus budget bill, “Consolidated Appropriations Act, 2018,” passed by Congress and signed by President Donald Trump on March 23, 2018, provides that an employer...more

3/28/2018 / Corporate Counsel , Department of Labor (DOL) , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Minimum Wage , Restaurant Industry , Tip-Pooling , Tipped Employees , Tips , Wage and Hour

Second Circuit Makes It Official (Again): FLSA Claims Are Subject To Arbitration

Stating unequivocally what it previously had assumed, the Court of Appeals for the Second Circuit recently held that FLSA claims are arbitrable, notwithstanding the requirement that FLSA litigation settlements be...more

12/19/2017 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Corporate Counsel , Employer Liability Issues , Fair Labor Standards Act (FLSA)

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