News & Analysis as of

Collective Actions Department of Labor (DOL) Minimum Wage

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

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The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

Brooks Pierce on

Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Establishes New Standard For FLSA Collective Actions

Key Points - In Swales v. KLLM Transport Services, LLC, the U.S. Court of Appeals for the 5th Circuit established a new standard for determining whether, and to whom, court-authorized notice of a collective action lawsuit...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Changes Position on Use of Tip Credit

As previously reported in EmployNews, litigation involving pay for tipped employees continues to vex employers in the hospitality industry. Many of these cases involve varying interpretations of the Fair Labor Standards Act’s...more

Parker Poe Adams & Bernstein LLP

Full Ninth Circuit Defers to DOL's Interpretation of Payment for Non-Tipped Work

Employers in the hospitality industry continue to face class and collective action lawsuits based on alleged violations of minimum wage requirements for tipped workers. Most of this litigation involves interpretation of the...more

Littler

WPI Wage Watch: Minimum Wage & Overtime Updates (April Edition)

Littler on

It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more

Fisher Phillips

Do Good Audits Exist? Minimizing Damages in FLSA Cases

Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Fisher Phillips

Are "Draws" Against Commissions Unlawful "Kick-Backs"?

Fisher Phillips on

Media reports have mistakenly suggested that a recent decision by the Sixth Circuit U.S. Court of Appeals (Kentucky, Michigan, Ohio, and Tennessee) found the federal Fair Labor Standards Act to prohibit recouping a draw or...more

Fenwick & West LLP

Fenwick Employment Brief

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California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. ...more

Parker Poe Adams & Bernstein LLP

Employers Limited in Service Fees Deductions From Credit Card Tips

Restaurants and some other businesses that use employees partially compensated by tips can claim a tip credit toward the Fair Labor Standards Act’s minimum wage requirements. However, the FLSA strictly regulates the servers’...more

Baker Donelson

Financial Services Industry: Be Aware of Proposed White Collar Overtime Regulations

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The financial services area received a defeat earlier this year when the United States Supreme Court in March upheld the Department of Labor's (DOL) Administrative Interpretation concluding that mortgage loan officers do not...more

BakerHostetler

DOL Memo Provides Script for FLSA Collective Actions Alleging Independent Contractor Misclassification

BakerHostetler on

The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more

BakerHostetler

Court to Applebee's Servers, Bartenders and Hosts: Washing Dishes and Taking Out the Trash May Be All in a Day's Work

BakerHostetler on

On May 13, 2013, in a decision favorable to the restaurant industry and companies that employ tipped workers, a district court in Indiana carved out a tip credit claim from a proposed wage and hour collective action brought...more

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