News & Analysis as of

Fees Wage and Hour

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Confirms That Service Charges Are Not FLSA Tips

The tip wars between hospitality employers and employees continue unabated. Numerous lawsuits contend that restaurants and other employers wrongfully retain or require sharing of customer gratuities, as well as violate Fair...more

Troutman Pepper

Maryland Issues Guidance on Earned Wage Access Products

Troutman Pepper on

On August 1, Maryland’s Office of Financial Regulation (OFR) issued guidance to “provide clarity on how [the OFR] views Earned Wage Access [EWA] products and to describe the requirements entities offering these products must...more

Fox Rothschild LLP

Service Charge vs. Gratuity and Why It Matters Revisited

Fox Rothschild LLP on

Back in 2019, I posted about the difference between a Service Charge, an Automatic Gratuity, and a Gratuity/Tip. I explained that a service charge is typically a set amount added to a guest check in lieu of a tip. An...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit: Service Charges Are Wages, Not Tips, Under FLSA

On March 18, 2022, the Eleventh Circuit Court of Appeals ruled in Compere v. Nusret Miami, LLC, a collective action under the Fair Labor Standards Act (FLSA), that Nusr-et Steakhouse properly used automatically charged fees...more

Jackson Lewis P.C.

West Virginia Enacts Changes to Payroll Card Method of Wage Payment

Jackson Lewis P.C. on

During its latest legislative session, West Virginia passed Senate Bill 245, thereby enacting several changes to its wage payment provisions using payroll cards. These changes become effective on June 9, 2022, 90 days after...more

Littler

St. Paul, Minnesota Limits the Amounts Food Delivery Platforms Can Charge During the Pandemic

Littler on

St. Paul has joined the growing list of cities limiting fees food delivery platforms can earn during the COVID-19 pandemic.  In enacting its ordinance, St. Paul follows fellow Minnesota cities Minneapolis and Edina, as well...more

Seyfarth Shaw LLP

Seyfarth Global Immigration Update: February 2020

Seyfarth Shaw LLP on

China - Expedited Permit Processing for Highly-Skilled Foreign Nationals in Shanghai and Coronavirus Related Travel Restrictions - Effective immediately, certain Category A (highly-skilled) applicants seeking permission to...more

Holland & Knight LLP

La Superintendencia de Industria y Comercio de Colombia e INVIMA modifican las tarifas para 2019

Holland & Knight LLP on

Por medio de la Resolución No. 69831 del 19 de septiembre de 2018 la Superintendencia de Industria y Comercio (SIC) en Colombia incrementó las tasas para los trámites relacionados con la Propiedad Industrial. Es decir, se...more

Holland & Knight LLP

Colombia's Superintendence of Industry and Commerce and INVIMA Modify Rates for 2019

Holland & Knight LLP on

By means of the Resolution 69831 of Sept. 19, 2018, Colombia's Superintendence of Industry and Commerce (SIC) increased its official fees for the procedures regarding Industrial Property, which involves New Creations...more

Ballard Spahr LLP

NY Payroll Debit Card Regulation Declared Invalid

Ballard Spahr LLP on

A New York regulation establishing conditions for the payment of wages by direct deposit or debit card scheduled to take effect on March 7, 2017, has been invalidated and revoked by the state's Industrial Board of Appeals...more

Hogan Lovells

Employment News - January 2017 #3

Hogan Lovells on

Flesh on the bones? Pay gap reporting guidance published - When the draft Gender Pay Gap Reporting Regulations (the Regulations) were published in December 2016, the government promised further guidance to help employers...more

McNees Wallace & Nurick LLC

New Pennsylvania Law Allows Use of Payroll Debit Cards

We have been following litigation in Pennsylvania challenging the use of payroll debit cards by employers to pay employees. In one such case, the Pennsylvania Superior Court recently ruled that an employer violated the...more

McNees Wallace & Nurick LLC

Superior Court: Mandatory Use of Payroll Debit Cards Violates PA Law

As regular readers of our blog know, we have been following a pending class action lawsuit challenging a Pennsylvania employer’s use of payroll debit cards to pay its employees. There has been a key development in that case. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Uniform Wage Garnishment Act Approved by Commission

What employer would not like to reduce its legal risks and administrative costs? The Uniform Law Commission (ULC) presented employers with just that opportunity when on July 13, 2016 it finished three years of studying and...more

Franczek P.C.

FMLA FAQ: What if the Doctor Refuses to Use the Employer's FMLA Medical Certification Form? And They Want to Charge a Fee for It?

Franczek P.C. on

A couple of clients have asked me recently whether a health care provider can use his/her own medical certification form or “doctor’s note” to support the employee’s need for FMLA leave, or can we require the HCP to use the...more

Seyfarth Shaw LLP

No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA

Seyfarth Shaw LLP on

Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more

Orrick - Employment Law and Litigation

UK Government Makes Moves in the Employment Space

The Conservative Government has settled in and turned its attention to the world of employment law. We update you below on five of its key moves. 1. Gender Pay Gap Reporting - The Government will enact legislation...more

Ballard Spahr LLP

Payroll Cards – The Inquiry Broadens

Ballard Spahr LLP on

As we reported in our July 11 legal alert, New York Attorney General Eric Schneiderman has commenced an investigation into the widening practice of employers paying hourly employees through the use of prepaid payroll cards....more

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