News & Analysis as of

Unpaid Overtime Wage and Hour Restaurant Industry

Davidoff Hutcher & Citron LLP

Overtime Compliance for New York Restaurant Owners: Avoiding Costly Legal Mistakes

Running a restaurant in New York involves managing a fast-paced, labor-intensive business—and keeping up with employment laws can be overwhelming. One of the most common legal pitfalls restaurant owners face is overtime...more

Seyfarth Shaw LLP

Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In...

Seyfarth Shaw LLP on

Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more

Franczek P.C.

Another Cook in the Kitchen: Court Finds Chef is Entitled to Overtime

Franczek P.C. on

Many employers make the mistake of assuming that employees can be treated as exempt so long as they have certain job titles or are paid a salary rather than an hourly wage. That error is especially common in small businesses...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Party of One: Collective Action Against Outback Steakhouse Denied due to Lack of Personal Jurisdiction

The U.S. District Court for the District of Massachusetts denied conditional class action certification in a case involving a front of house (FOH) manager suing Outback Steakhouse for unpaid overtime under the Fair Labor...more

FordHarrison

Avoid singing the blues: how employers can mitigate wage/hour liability

FordHarrison on

In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent...more

Sheppard Mullin Richter & Hampton LLP

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

Jones Day

Monthly Update—Australian Labour & Employment - February 2017

Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more

U.S. Equal Employment Opportunity Commission...

EEOC Resuelve Caso de Robo de Salario Discriminatorio

Steamboat Springs restaurante que pagar $50,000 (50 mil dolares) por falta de pago de salarios adecuados a Los trabajadores latinos debido a su raza u origen nacional - DENVER - En Steamboat Springs, Colorado, el...more

U.S. Equal Employment Opportunity Commission...

EEOC Conciliates Discriminatory Wage Theft Case

Steamboat Springs Restaurant to Pay $50,000 for Failing to Pay Proper Wages to Latino Workers Because of Race or National Origin - DENVER - A Steamboat Springs, Colo., restaurant has agreed to pay $50,000 to resolve race...more

Littler

House Subcommittee Holds Hearing on Proposed Amendments to Overtime Rule

Littler on

The Department of Labor's controversial proposed changes to the "white collar" overtime exemption regulations came under fire during a House Subcommittee on Investigations, Oversight and Regulations hearing on October 8,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your...

As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more

Littler

DOL Investigation Tactics and Pending Proposed Rule Come Under Fire During House Hearing

Littler on

In anticipation of the imminent release of the Department of Labor's proposed rule revising the white collar overtime exemption under the Fair Labor Standards Act (FLSA), the House Subcommittee on Workforce Protections held a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Overtime Changes Threaten the Exempt Status of Retail and Hospitality Managers

The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Who Decides the Issue of Class Arbitration?

Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the...more

Hinshaw & Culbertson LLP

Court Holds that Restaurant Owner May Be Personally Liable for FLSA Violations

A new federal case out of Illinois demonstrates the extreme importance of complying with wage and hour laws, especially where the law provides for individual liability against those who control the terms and conditions of...more

Cranfill Sumner LLP

President Obama to Order Expansion of Overtime Pay

Cranfill Sumner LLP on

President Obama is expected to issue an order today directing the Department of Labor to expand the number of people who qualify for overtime pay under federal labor law. According to reports in the Washington Post and other...more

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