Arbitration Agreement Litigation Wins Continue to Fall Like Dominoes for Pizza Hut
6/26/18
By: Tim Holdsworth
Following the Supreme Court’s opinion in Epic Systems that class and collective actions waivers in arbitration agreements are enforceable, a federal court recently granted a motion to compel arbitration to one of the nation’s largest Pizza Hut …
Coffee, Water, Less Than 20 Minutes
6/19/18
SCOTUS KICKS THE CAN ON SHORT BREAKS COMPENSATION
By: John McAvoy
On June 11, 2018, the U.S. Supreme Court refused to entertain the appeal of a Pennsylvania employer that could have resolved the emerging split of authority between the federal …
PA Fed. Ct. Finds UberBLACK Limousine Drivers Maintain Independent Contractor Status
4/30/18
By: John P. McAvoy
On April 12, 2018, Uber Technologies, Inc. won its legal battle on the recurring issue of independent contractor misclassification when the Eastern District of Pennsylvania granted the company’s motion for summary judgment in Razak v. Uber …
Bonus or No Bonus? California Supreme Court Clarifies Calculation of Overtime
4/16/18
By: Christine C. Lee
Calculating the correct overtime pay rate for non-exempt employees just got a little more complicated for California employers who elect to pay bonuses. In the recent case of Alvarado v. Dart Container Corporation of California, …
Service Advisors Once Again Exempt From Overtime
4/3/18
By: Brad Adler & Michael Hill
After years of back and forth in the lowers courts, the Supreme Court has ruled that service advisors at auto dealerships are exempt employees under the Fair Labor Standards Act (“FLSA”). It’s the rare …
DOL To Rescind 2011 Tip-Pooling Regulations
12/19/17
By: Timothy J. Holdsworth
In 2011, the U.S. Department of Labor (“DOL”) revised its regulations to support its position that the Fair Labor Standards Act (“FLSA”) requires that tipped employees retain all their tips regardless of whether the employer takes …
Are We There Yet?: Auto Service Advisor Exempt Status Under the FLSA Makes Return Trip to the Supreme Court
11/28/17
By: Will Collins
Last year, the Supreme Court narrowly avoided a collision with the question of whether service advisors at car dealerships are exempt as “salesmen” under the overtime requirements of the Fair Labor Standards Act (FLSA). However, as Encino …
Hands Off My Money! Ninth Circuit Rules Employers Can't Force Employees to Share Tips with Non-Tipped Employees
3/3/16
By: Brad Adler and Amanda Hall
We have discussed tip-pooling programs in the past. Generally speaking, the Fair Labor Standards Act (“FLSA”) permits an employer to fulfill part of its hourly minimum wage obligation to tipped employees using the …
SCOTUS Rules Employers May “Pick-Off” FLSA Plaintiffs
4/18/13
By: Anthony Del Rio
The U.S. Supreme Court has issued its opinion on a case regarding whether an employer may “pick-off” the named plaintiff in a Fair Labor Standards Act (“FLSA”) collective action. The Court ruled 5-4 in favor of …
Liquidated Damages are Discretionary in FLSA Retaliation Case
3/22/13
By: Joyce Mocek
The Eleventh Circuit Court of Appeals recently held that the standard for awarding plaintiffs liquidated damages in a retaliation claim under the Fair Labor Standards Act (FLSA) is different from that used for claims of minimum wage …
Wage and Hour Issues Evolving at a Rapid Pace
3/6/13
By: Brad Adler
Wage and hour lawsuits continue to be some of the fastest growing civil suits in our court system. In Georgia alone, FLSA lawsuits increased 40 percent in 2012, outpacing the approximately 13 percent increase nationwide by a …
Employers Beware: Florida’s Minimum Wage Set to Increase by 1.5 Percent
10/17/12
By: Jonathan Kandel
The Florida Department of Economic Opportunity recently announced that the Florida minimum wage will be $7.79 per hour beginning January 1, 2013. This represents an increase of 1.5 percent (or $0.12) from the state’s current minimum wage …