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The 6th Circuit Splits the Pie in Parker v. Battle Creek Pizza FLSA Litigation

Classic Domino’s ads warned to “Avoid the Noid.” Recently, the plaintiff’s bar has been the Noid for pizzerias and similar restaurants. These employers typically pay delivery drivers minimum wage, minus a tip credit, and...more

Step One of the DOL Final Rule Increasing FLSA Exemption Salary Thresholds Is Now in Effect

As our prior legal alert detailed, the Wage and Hour Division of the Department of Labor on April 23, 2024 announced its Final Rule increasing salary thresholds for the Executive, Administrative, and Professional (“EAP”)...more

Department of Labor Announces Final Rule Increasing FLSA Exemption Salary Thresholds

Today, the Wage and Hour Division of the Department of Labor announced its Final Rule increasing salary thresholds for the Executive, Administrative, and Professional (“EAP”) exemptions from overtime pay requirements under...more

DOL Proposes Salary Threshold Increase for Executive, Administrative and Professional Overtime Exemptions

On August 30, 2023, the U.S. Department of Labor (“DOL”) announced its Proposed Rule to increase the minimum salary for the Executive, Administrative and Professional overtime exemptions from the current $35,568 annual rate...more

The NLRB Comes Bearing Gifts for Employees

What can the National Labor Relations Board (the “Board”) give employees who already have a banner jobs market, with record job openings and the largest wage growth in decades?  Last week, the Board stuffed stockings with...more

Department of Labor Announces Proposed Rule on Employee/Independent Contractor Test

The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act.  The DOL will...more

Sixth Circuit Lifts Stay on OSHA’s ETS for COVID-19 Vaccination and Testing

As you likely have seen, the U.S. Court of Appeals for the Sixth Circuit late Friday evening on December 17 by a 2-1 panel vote lifted the stay that the Fifth Circuit had issued OSHA’s COVID-19 Vaccination and Testing...more

Summary of OSHA Emergency Temporary Standard for Implementation of COVID-19 Vaccine & Testing Mandates

On Nov. 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued its long-awaited Emergency Temporary Standard (“ETS”), in which private employers with at least 100 employers will be required to implement...more

It’s a Festivus Miracle: NLRB Gives Employers Trifecta of Wins!

It hasn’t been a good few weeks for unions. First, Martin Scorsese’s “The Irishman” depicted the history of corruption and mafia ties within organized labor. As one historical correction, the scene in which Jimmy Hoffa is...more

Class Actions Based on Overdraft Fees on the Rise

As a word of caution, the plaintiffs’ bar is filing a wave of class actions against credit unions and banks based on the assessment of overdraft fees. Some cases challenge practices, such as high-to-low sequencing of...more

DOL Increases Salary Requirement for “White Collar” Exemptions

On March 07, 2019 the U.S. Department of Labor (“DOL”) replaced the Obama administration’s Final Rule, raising the minimum salary threshold/salary basis test for workers to qualify for the Fair Labor Standards Act’s (“FLSA”)...more

New NLRB Decision Reverts Back to Former Independent-Contractor Standard

The National Labor Relations Board (NLRB) has issued a new decision, SuperShuttle DFW, Inc., which returns to the Board’s traditional independent-contractor analysis. This decision overrules a 2014 Obama-era Board decision,...more

Mandatory Employment Arbitration Programs – Practical Considerations In Light of Supreme Court’s Epic Decision

On May 21, the U.S. Supreme Court, by a 5 to 4 vote, upheld employers’ use of pre-dispute mandatory arbitration agreements with class action waivers. As promised, we are following up with more thoughts on practical...more

Supreme Court Rules Employment Arbitration Programs With Class Action Waivers Are Lawful

The U.S. Supreme this morning issued a 5-4 decision upholding the use of pre-dispute mandatory arbitration programs with class action waivers in the employment setting. In doing so, the Court resolved a split between the...more

Don't Get Stumped by the 9-Month Bump: A Discussion of the Sixth Circuit's Decision in Mosbey-Meachem v. Memphis Light

In its recent decision in Mosbey-Meachem v. Memphis Light, Gas & Water Division, 883 F.3d 595 (6th Cir. 2018), the Sixth Circuit Court of Appeals held that working from home was a reasonable accommodation for an employee on...more

Are You My Employer? DOL Rescinds Obama-Era Joint Employer Guidance

The Department of Labor (DOL) announced its decision today to rescind two Obama-era guidance letters that aimed to expand the joint employer doctrine and limit the misclassification of workers under the Fair Labor Standards...more

SCOTUS to Resolve Split Over Enforceability of Class Arbitration Waivers in Employment Agreements

Last Friday, the U.S. Supreme Court agreed to hear the appeal of three cases addressing the enforceability of mandatory arbitration agreements with class action waivers in the employment setting. These agreements require...more

30-Day Countdown to the New DOL Overtime Rule – Are YOU Ready?

On December 1, 2016, the U.S. Department of Labor's new overtime rule will go into effect. Most significantly, the minimum salary an employee must be paid to qualify for the executive, administrative and professional...more

Divide Deepens Over Enforceability of Class Arbitration Waivers

The U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western states) on Monday joined the Seventh Circuit, and disagreed with the Fifth Circuit, in rejecting a mandatory employment arbitration...more

NLRB Makes it Easier for Temporary Workers to Unionize

In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more

Questions and Answers on the DOL Salary Basis Requirement Final Rule

President Obama on Tuesday announced the U.S. Department of Labor's Final Rule raising the minimum salary basis for certain exemptions from overtime requirements under the Fair Labor Standards Act ("FLSA"). Below are answers...more

To Record or Not to Record, That is the Question

Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...more

California Supreme Court Follows Trend in Enforcing Class Arbitration Waiver in Employment Setting

California often prides itself on setting trends. When it comes to class arbitration waivers, though, California is just now catching up with the rest of the country. Headlined by the U.S. Supreme Court’s ruling in AT&T...more

What’s Happening with Overtime?

Some misconceptions are floating around regarding the current status of federal overtime laws. .Fact: Nothing has actually changed yet. .Fact: President Obama has ordered the Department of Labor (DOL) to evaluate...more

Just When You Thought It Was Safe to Go Back into California: Meal and Rest Period Claims Remain Certified on Remand in Brinker

Companies with employees in California will recall last year's landmark California Supreme Court decision in Brinker v. Superior Court (April 12, 2012), which confirmed that employers need only "permit" hourly employees to...more

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