Wage and HourBlog Posts
USDOL Revises Tip Credit Regulations, Leaves Others UnchangedFollowing up on proposed regulations issued in 2008 for notice and comment, the U.S. Department of Labor issued final regulations last week, effective 30 days following publication in the Federal Register. These regulations address the issues below but other than in regard to use of the tip credit under Section 3(m), the changes to the text … Continue reading USDOL Revises Tip Credit Regulations, Leaves Others UnchangedApril 14, 2011 |
Fourth Circuit Rules That Public School Employee Who Volunteered As Golf Coach Was Not Entitled To Minimum Wage Or OvertimeThe FLSA limits when an individual can provide services to an organization without compensation. See post dated April 6, 2010 “We Don’t Have to Pay Our Interns – Do We?” However, last month a panel of the Court of Appeals for the Fourth Circuit (including Retired Supreme Court Justice Sandra Day O’Connor sitting by designation) re-confirmed … Continue reading Fourth Circuit Rules That Public School Employee Who Volunteered As Golf Coach Was Not Entitled To Minimum Wage Or OvertimeApril 5, 2011 |
New York’s Wage Theft Prevention Act: Expanded CoverageExpanded Jackson Lewis coverage of New York’s Wage Theft Prevention Act is now available here.April 4, 2011 |
NYSDOL Issues Wage Theft Act Forms Just Ahead of April 9 Effective DateThe New York State Department of Labor has provided model forms to comply with the Wage Theft Prevention Act. Also included are instructions for completing the forms and Guidelines for complying with the Act’s revisions to N.Y. Labor Law § 195. Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable … Continue reading NYSDOL Issues Wage Theft Act Forms Just Ahead of April 9 Effective DateApril 1, 2011 |
Supreme Court Issues Ruling on Oral Complaints of Retaliation, Refuses to Clarify Where Employee Must ComplainWhile the US Supreme Court recently has rejected petitions for certiorari on key FLSA exemption issues, the highest court in the United States did this term elect to take up the scope of the statute’s protection of workers who make complaints of FLSA violations to their employer. As discussed in greater detail here, the Court … Continue reading Supreme Court Issues Ruling on Oral Complaints of Retaliation, Refuses to Clarify Where Employee Must ComplainMarch 25, 2011 |
Vermont Court Holds Cable Installer Received Bona Fide Commissions, But Additional Evidence Needed to Establish 7(i) ExemptionThe “retail or service exemption” to the FLSA, sometimes referred to as the “7(i) exemption”, noting the location where it is codified, 29 U.S.C. Section 207(i), has three requirements. While the first requirement, to pay time and one-half the minimum wage for all hours of work, is straightforward, the other two prongs—that an employee receive 50% … Continue reading Vermont Court Holds Cable Installer Received Bona Fide Commissions, But Additional Evidence Needed to Establish 7(i) ExemptionMarch 24, 2011 |
Chicago Federal Court: Silverware Roller May Participate In Tip PoolAs discussed here, Section 3(m) of the FLSA (like many state laws) places restrictions on which employees within a workforce can receive and share in tips. While the FLSA permits tip pooling “among employees who customarily and regularly receive tips," litigation in the hospitality industry often centers around the legality of tip pool participation by restaurant … Continue reading Chicago Federal Court: Silverware Roller May Participate In Tip PoolMarch 21, 2011 |
New York Restaurant Litigation Continues…Claims A Casualty?Despite the recent revised Hospitality Wage Order, the culmination of a multi-year process seeking to bring clarity to the at-times murky wage/hour regulations governing New York restaurants, litigation over these issues continues unabated. This phenomenon was ably remarked upon in a recent New York Times editorial by Zagat’s guide founder Nina Zagat. Now, the most recent installment … Continue reading New York Restaurant Litigation Continues…Claims A Casualty?March 17, 2011 |
Appeals Court Rules Advice from Attorney Insufficient To Establish Good Faith DefenseSection 260 of the FLSA provides a defense to liquidated damages where an employer has acted in “good faith.” This test requires both subjective good faith (a belief the employer is proceeding lawfully) and objective reasonableness. A recent appellate decision addresses this second requirement. Mumby v. Pure Energy Servs. (USA), Inc., 2011 U.S. Appl. LEXIS 3460 (10th Cir. … Continue reading Appeals Court Rules Advice from Attorney Insufficient To Establish Good Faith DefenseMarch 16, 2011 |
$130,000 Salary Alone Does Not Make Labor Manager ExemptIn a case exemplifying that salary alone does not make an employee exempt, a district court in Idaho denied summary judgment to an employer in an overtime case brought by a Labor Manager earning $130,000/year. Wood v. Kinetic Sys., 2011 U.S. Dist. LEXIS 11221 (D. Idaho Feb. 4, 2011). While it was undisputed the Plaintiff was … Continue reading $130,000 Salary Alone Does Not Make Labor Manager ExemptMarch 11, 2011 |