PA Supreme Court Elevates State Pay Standards Above the FLSA on Fluctuating Work Week
2/12/20
By: Justin Boron
Going forward, Pennsylvania employers should be wary of relying on federal rules for their pay policies.
As a general principle, courts and regulators interpret Pennsylvania’s wage and hour laws consistently with the Fair Labor Standards Act. But …
Panera Assistant Managers Granted Cert. In Overtime Suit Reminds Franchisees that Duties, Not Title, Prevail
10/22/18
By: Brad Adler & Hillary Freesmeier
While retail employers have tightened up their wage and hour practices, there are still too many companies in the retail industry, including fast food and fast casual employers, that have failed to take inventory …
Here’s Your Tip Of The Day – Another Appellate Court Defers To DOL On Use Of 80/20 Rule For Tipped Employees
9/24/18
By: Brad Adler & Koty Newman
The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s, 2018 U.S. App. LEXIS 26387 (9th Cir. Sep. 18, 2018) is important for employers trying to navigate the FLSA and pay their tipped …
DOL Guidance On No Fault Attendance Policies
9/21/18
By: Joyce Mocek
The Department of Labor (DOL) Wage and Hour Division issued a new opinion letter on an employer’s no-fault attendance policy which effectively froze an employee’s attendance points that had accrued prior to taking the FMLA leave. The …
California Attacks Arbitration Agreements …. Yet Again!
8/24/18
By: Dave Daniels
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and confidentiality …