9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
By: Josue Aparicio[1] On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.” The decision is a huge loss for e-commerce giant, Amazon.com, who is facing several class action lawsuits arising from its “Amazon Flex”…
8/14/20
By: Josue Aparicio[1] On Monday, a California Judge granted a preliminary injunction ordering that the popular ride-hailing companies, Uber and Lyft, stop classifying their drivers as independent contractors during the pendency of their litigation against the state of California. Importantly, the ruling by Judge Ethan Schulman of the San Francisco Superior Court does not automatically…
Wage & Hour Violations, Family Leave, Discrimination, Harassment
5/22/20
By: David Daniels These topics continue to generate conversation throughout workplaces across the country. No matter the size of your business, at some point you will encounter one of these regulations. For that reason, it’s important for supervisors and managers to understand the basics of employment laws and regulations to maintain proper compliance. Here is…
Employers Beware: Payroll Mistakes Are Costly and Self-Audits Will Help Minimize Risk
7/1/19
By: Janet Barringer A six-figure fine recently imposed on an employer by the Massachusetts Attorney General’s Office for wage & hour violation is an eye-opener for a few reasons. First, the financial penalty underscores employers must regularly examine their payroll systems to ensure all employees are coded with the correct rate of pay. Second, employers…
11/15/18
By: Michael Hill Navigating the laws for paying tipped employees just got a little easier. In a new opinion letter, the U.S. Department of Labor (“DOL”) effectively nullified the “80/20 Rule,” which divided courts throughout the country and became the anchor point for several collective and class actions against employers of tipped employees. While the federal…
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 of their compliance with current wage and hour laws. One such example is how some…
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 employees the correct amount. The Ninth Circuit has joined the Eighth Circuit in deciding that the Department…
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 DOL maintained that the no-fault attendance policy did not violate the FMLA if it was…
4/10/18
By: Rebecca J. Smith The U.S. Court of Appeals for the 9th Circuit, which heard the case of Rizo v. Fresno County Office of Education en banc last year, has changed the 9th Circuit’s position and found that an employee’s prior salary – either alone or in a combination of factors – cannot be used to…
4/5/18
By: Michael M. Hill The Eleventh Circuit has held differences in work experience and salary history—factors many employers traditionally consider in setting pay rates—may not justify differences in pay between employees performing the same job. Bowen v. Manheim Remarketing, Inc., No. 16-17237 (11th Cir. Feb. 21, 2018), was a suit under the Equal Pay Act…
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 case that goes to the Supreme Court twice. But after taking the scenic route through…
Congress Steps Into Tip-Pooling Fight
3/23/18
By: Timothy J. Holdsworth We wrote previously about the background on the tip-pooling regulations and the DOL’s Notice of Proposed Rulemaking (“NPR”) that would allow tip-pooling arrangements that include employees who do not regularly and customarily receive tips under the Fair Labor Standards Act (“FLSA”). The DOL received a considerable number of comments on the…