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The Fine Line: What Can You Say To Potential Class Members After The Company Is Sued

 In 1981, the Supreme Court issued general guidance as to what an employer can say to “putative class members” In doing so, the Court explained that the judiciary has the power to control communications See generally Gulf Oil v. Bernard, 452 U.S. 89 (1981) (holding a district court has both the “duty and broad authority to exercise … Continue reading The Fine Line: What Can You Say To Potential Class Members After The Company Is Sued
March 23, 2010

New Federal Posting Requirement for Employers With H-2A Workers

Effective March 15, 2001, employers who employ H-2A workers must display a new H-2A poster where employees can readily see it. The poster is also available in Spanish.  The poster can be accessed through the links in the prior sentences. Full information regarding federal posting requirements related to the workplace is available via this link … Continue reading New Federal Posting Requirement for Employers With H-2A Workers
March 19, 2010

New Miami-Dade Wage Theft Ordinance – Another Compliance Issue For South Florida Employers

Federal law merely mandates that employers pay employees as promptly as possible.  State and local laws often require employers to pay wages no less frequently than weekly/bi-weekly/semi-monthly or monthly.  And often these requirements differ based on the type of employees.  For example, in New York, only manual workers need to be paid weekly but most … Continue reading New Miami-Dade Wage Theft Ordinance – Another Compliance Issue For South Florida Employers
March 18, 2010

The 20% Rule For Tipped Employees – Eighth Circuit Invited to Decide Whether To Adopt USDOL Position

In the food service industry, an employer can take a tip credit against the minimum wage for customarily tipped employees, such as servers, bus persons and bartenders.  Under federal law, a restaurant can pay employees holding such positions $2.13 per hour, rather than $7.25 per hour, as long as the employees receive sufficient tips to … Continue reading The 20% Rule For Tipped Employees – Eighth Circuit Invited to Decide Whether To Adopt USDOL Position
March 17, 2010

Federal Court in Michigan Applies Equitable Principles and Allows Offsets from Different Pay Periods

 The FLSA, as we know, is structured largely on a “workweek basis.” See, e.g. Bright v. Houston Northwest Medical Center Survivor, Inc., 934 F.2d 671, 678 (5th Cir. 1991). The standalone nature of each workweek can have draconian results for employers who overpay (intentionally or otherwise) in some workweeks, but underpay in others, as offsets generally only … Continue reading Federal Court in Michigan Applies Equitable Principles and Allows Offsets from Different Pay Periods
March 15, 2010

How Broad is the Ninth Circuit’s Woody Woo Decision?

The Ninth Circuit Court of Appeals recently ruled that the FLSA does not restrict employer-mandated tip-pooling arrangements when no tip credit is taken by the employer against the minimum wage obligation.  Cumbie v. Woody Woo, Inc., et al., No. 08-35718 (9th Cir. Feb. 23, 2010).  Further, the Court rejected the DOL’s regulation at 29 C.F.R. … Continue reading How Broad is the Ninth Circuit’s Woody Woo Decision?
March 13, 2010

Magistrate Judge Rules Brooklyn Church Not an FLSA “Enterprise”

Determining whether an entity is covered by the Fair Labor Standards Act is not an easy analysis. One basis for jurisdiction is "enterprise coverage." On March 3, Magistrate Judge Azrack of the Eastern District of New York ruled on summary judgment that St. Augustine’s Episcopal Church of Brooklyn is not an “enterprise” for purposes of … Continue reading Magistrate Judge Rules Brooklyn Church Not an FLSA “Enterprise”
March 10, 2010

Time to Eat? Health Care Employers Should Make Sure There Is

Over the past year or so, employers in the health care industry, particularly in the Northeast, have been – and continue to be – targeted in a number of lawsuits alleging improper payment of hours worked by their hourly employees. Specifically, these lawsuits allege that certain health care facilities automatically deducted time for meal breaks, … Continue reading Time to Eat? Health Care Employers Should Make Sure There Is
November 6, 2009

Election Day 2009 — Voting Leave Laws

With Election Day approaching (November 3, 2009), employers are reminded to review their policies and practices regarding the provision of time off to vote.  Most states require employers to allow employees time to vote during the workday and, in some cases, to inform employees of their right to time off.  Sharing information with employees about … Continue reading Election Day 2009 — Voting Leave Laws
October 21, 2009

Wage and Hour Nominee Withdraws

As reported previously, the Department of Labor’s Wage and Hour Division has been staffing up in anticipation of more aggressive enforcement. Who will lead those enforcement efforts has recently come into question with the revelation that the Obama Administration’s nominee for Wage and Hour Administrator, Lorelei Boylan, has withdrawn from consideration for the post. Coupled with the … Continue reading Wage and Hour Nominee Withdraws
October 14, 2009

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