USDOL Announces the Reinstatement of Issuance of Opinion Letters

USDOL Announces the Reinstatement of Issuance of Opinion Letters

The U.S. Department of Labor announced today that it will reinstate the issuance of opinion letters, a practice that was widespread under some prior administrations, but which it elected to forego during the Obama administration.  In an email announcement sent out today, the Department of Labor announced: The U.S. Department of Labor will reinstate the… Continue reading USDOL Announces the Reinstatement of Issuance of Opinion Letters

9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

Arias v. Raimondo This case presented an issue of first impression: Can an employer’s attorney be held liable for retaliating against his client’s employee because the employee sued his client for violations of workplace laws? The district court held that he could not and dismissed the claim. On appeal the Ninth Circuit disagreed and reversed.  Specifically,… Continue reading 9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

3d Cir.: Paid Meal Breaks Included as Hours Worked Are Not an Offset to Unpaid Overtime

3d Cir.: Paid Meal Breaks Included as Hours Worked Are Not an Offset to Unpaid Overtime

Smiley v. E.I. Dupont De Nemours and Co., et al. This case was before the Third Circuit on the plaintiffs-employees’ appeal of the district court’s order granting the defendants-employers summary judgment.  Plaintiffs sought unpaid overtime wages for time they spent donning and doffing their uniforms and protective gear and performing “shift relief” before and after… Continue reading 3d Cir.: Paid Meal Breaks Included as Hours Worked Are Not an Offset to Unpaid Overtime

5th Cir.: Restaurant Cannot Take Tip Credit Where Retained Portion of Tips to Offset Credit Card Processing Costs in Excess of Its Direct Cos

5th Cir.: Restaurant Cannot Take Tip Credit Where Retained Portion of Tips to Offset Credit Card Processing Costs in Excess of Its Direct Costs of Collecting Credit Card Tips

Steele v. Leasing Enterprises, Limited This case was before the Fifth Circuit on the parties’ cross-appeals.  As discussed here, the case concerned an employer’s ability to withhold a percentage of an employee’s tips received by credit card to offset the fees associated with collecting credit card tips under the Fair Labor Standards Act (“FLSA”).  Specifically,… Continue reading 5th Cir.: Restaurant Cannot Take Tip Credit Where Retained Portion of Tips to Offset Credit Card Processing Costs in Excess of Its Direct Costs of Collecting Credit Card Tips

4th Cir.: Strippers Are Employees NOT Independent Contractors; Trial Court Properly Applied the Economic Reality Test

4th Cir.: Strippers Are Employees NOT Independent Contractors; Trial Court Properly Applied the Economic Reality Test

McFeeley v. Jackson Street Entertainment, LLC In this case, multiple exotic dancers sued their dance clubs for failure to comply with the Fair Labor Standards Act and corresponding Maryland wage and hour laws. The district court held that plaintiffs were employees of the defendant companies and not independent contractors as the clubs contended. Following a damages-only trial and… Continue reading 4th Cir.: Strippers Are Employees NOT Independent Contractors; Trial Court Properly Applied the Economic Reality Test

2016 · DOL Issues Final Overtime Rule · Expanding Overtime Pay for Over 4 Million Workers; New Rule to Go Into Effect Dec. 1

DOL Issues Final Overtime Rule, Expanding Overtime Pay for Over 4 Million Workers; New Rule to Go Into Effect Dec. 1, 2016

The United States Department of Labor (DOL) Announced its long-awaited final rule regarding the update to the existing overtime rules.  The new rule is set to take effect on December 1, 2016. Most significantly, whereas the previous rule employees who met certain duties tests under the so-called “white collar” exemptions had to make at least… Continue reading DOL Issues Final Overtime Rule, Expanding Overtime Pay for Over 4 Million Workers; New Rule to Go Into Effect Dec. 1, 2016

A Statistically Significant Settlement For Federal Contractors

A Statistically Significant Settlement For Federal Contractors

As discussed in last week’s Fox Workplace Watch Alert, the Office of Federal Contract Compliance Programs (OFCCP) announced its largest pay equity recovery to date – a $5 million settlement of gender and racial pay discrimination claims it brought against State Street Corporation after a six-year investigation into the financial services firm’s compensation practices.  In essence,… Continue reading A Statistically Significant Settlement For Federal Contractors