Latest Posts › Employer Liability Issues

Share:

Sixth Circuit Establishes Stricter Standard for Granting Notice of FLSA Collective Action

The Sixth Circuit has become the second federal appeals court to toughen the standard for plaintiffs seeking court-authorized notice to potential claimants in a collective action under the Fair Labor Standards Act (FLSA). On...more

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more

Quiet Quitting, Mouse-Jigglers, Career Polygamy?? Should Employers Be Worried?

“Quiet quitting,” “career polygamy,” “overemployment,” “mouse-jigglers,” and “DJs for work meetings”? Social media has exploded with stories of employees rejecting “hustle culture,” reclaiming work-life balance, and...more

Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more

Texas Governor Abbott Bars Employers and Individuals from Compelling COVID-19 Vaccines

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects...more

DOL Proposes to Delay and Revise Portions of Final Rule on Handling Tips and Eliminating the 80/20 Rule

The U.S. Department of Labor (“DOL” or “the Department”) is proposing to delay and revise portions of the Trump administration regulations related to tipped employees under the Fair Labor Standards Act (“FLSA” or “the Act”). ...more

Department of Labor Issues Two Tip-Related Opinion Letters in Final Days of Outgoing Administration

On January 15, 2021, the U.S. Department of Labor issued two opinion letters addressing tip-related issues.  The first, FLSA2021-4, addresses whether, and in what circumstances, a restaurant that takes a tip credit for its...more

Fifth Circuit Announces More Rigorous Standard for Certification of Collective Actions

On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued a long-sought opinion on the collective certification process under the Fair Labor Standards Act.  In its opinion, the Fifth Circuit expressly...more

DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”

Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019, with proposed...more

Littler Lightbulb: Highlighting Five Trends in Hospitality

As part of our practice, we like to keep an eye on significant legislative, regulatory, and judicial developments affecting our clients in the hospitality industry....more

Fifth Circuit Finds Directional Drillers Are Independent Contractors

On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an important decision involving whether contract workers in the oil patch were entitled to overtime....more

Full 9th Circuit Approves "20% Rule" for Tipped Employees

Many years ago, the U.S. Department of Labor (DOL) issued guidance known as the "20% Rule" or "80/20 Rule," which provides that, where tipped employees spend in excess of 20% of their workweek on non-tip-earning tasks, no tip...more

Fifth Circuit Weighs in on Motor Carrier Act Overtime Exemption and Small Vehicle Exception

It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving...more

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide