NCAA student-athletes may be employees under the FLSA
7/23/24
By: Noël Couch
The debate over whether college athletes should be paid has grown commonplace and contentious over the past decade as the business of college sports has thrived amid billion dollar television contracts and while coaches are receiving similarly …
As the fate of the FTC’s non-compete rule remains uncertain, what should healthcare employers consider doing next?
5/8/24
By: Kevin G. Kenneally and Brendan M. Collins
Recently, Attorney Sunshine R. Fellows from FMG’s Pittsburgh office reported about the 3-2 approval by the U.S. Federal Trade Commission (“FTC”) of a final rule (the “Rule”) banning virtually all new non-compete …
DOL releases final rule increasing salary threshold for overtime eligibility
4/24/24
By: Sunshine R. Fellows
On Tuesday, April 23, 2024, the U.S. Department of Labor issued its long-anticipated final rule raising the salary thresholds for overtime exemptions. The final rule, which could take effect this summer, will significantly increase the salary …
Overalls and overtime: compensation for donning and doffing after Tyger v. Precision Drilling Corp.
11/20/23
By: Edward Patrick Pozo, Nicole T. DuGan, and Justin J. Boron
Recently, the Third Circuit Court of Appeals analyzed when donning and doffing activities will be compensable under the Fair Labor Standards Act (“FLSA”). Tyger v. Precision Drilling …
Is Time Rounding the Next Employment Practice to Fall in California?
11/21/22
By: Craig Tomlins
For years, state and federal courts, as well as administrative agencies, have allowed California employers to use time rounding policies so long as they are neutral on their face and neutral as applied. Because of this, many …
From Viking River Cruises v. Moriana to Adolph v. Uber Technologies, Inc.: The Arbitrability Of PAGA Actions In California Continues To Shift
8/29/22
BY: Daniel Parker Jett
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …
New tip credit rules hit PA restaurant and service industry employers
8/25/22
By: Justin Boron
Pennsylvania has upped the ante on the restaurant industry.
Earlier this month, new regulations took effect aimed at regulating how employers pay tipped employees in restaurants and other service industry employees.
The regulations include the following:
…
Can Parties Agree to Broad Appellate Rights of Arbitration Awards?
3/21/22
By: Warren D. Hutchison
The benefits of resolving civil disputes through binding arbitration are the subject of constant debate. The primary arguments favoring arbitration are that it is faster and cheaper than going to court, a “knowledgeable” arbitrator can decide …
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 …
An Uber Disruption: California Judge Grants Preliminary Injunction Requiring Uber and Lyft to Stop Classifying Drivers as Independent Contractors
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.…
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 …
Employers Beware: Payroll Mistakes Are Costly and Self-Audits Will Help Minimize Risk
7/1/19
By: Janet Barringer
![](https://www.fmglaw.com/FMGBlogLine/wp-content/uploads/2019/04/Greg-Fayard-Sept-13-2018-Blog-300x200.jpg)
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 …