The DOL Wage & Hour Division issued its first Opinion Letter of 2025 (FLSA2025-1) on January 14, 2025, stating that managers and supervisors, no matter their duties during a particular shift, cannot participate in employee...more
Saks Fifth Avenue and several luxury designers were recently hit with a nationwide class-action lawsuit regarding their alleged use of no-poach agreements to limit solicitation of retail store employees between Saks and the...more
Plaintiffs’ lawyers are exploiting Minnesota’s confusing tip-pooling laws to bring class-action lawsuits against restaurateurs. These cases entail substantial costs, both in defending them and in potential damages....more
Restaurants are getting hit with tip-pooling class action lawsuits. Now is the time to audit your practices, or, at the very least, review your tip pooling policies. This is especially important for Minnesota restaurateurs,...more
3/5/2020
/ Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Food Service Workers ,
Hospitality Industry ,
Restaurant Industry ,
State Labor Laws ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
California wage laws have taken another alarming departure from federal standards. The highest state court recently held in Frlekin v. Apple that non-exempt employees must be paid for the time their bags and personal...more
On October 7, 2019, the U.S. Department of Labor announced a proposed rule that would allow employers who do not take a tip credit to establish a tip pool to be shared between (1) workers who receive tips and are paid the...more
10/8/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Franchises ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just...more
Restaurant success used to be all about a winning menu, appealing décor and strong word of mouth. Nowadays, success also has a lot to do with compliance of labor and employment matters, as restaurants frequently find...more
The Final Four at U.S. Bank Stadium presents a great opportunity for Minneapolis restaurateurs to generate significant income from parties hosted before and during the big games. With that opportunity, though, comes the...more
A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers...more
1/21/2019
/ Age Discrimination ,
Amazon ,
Class Action ,
Communication Workers of America ,
Cox Communications ,
Employer Liability Issues ,
Employment Litigation ,
Facebook ,
Hiring & Firing ,
Job Ads ,
Online Advertisements ,
Recruitment Policies ,
Social Networks ,
T-Mobile
Your employee quits without notice or explanation. You discover that she moved to a competitor in violation of her non-compete agreement, and what’s worse, days before her resignation, she downloaded your trade secrets onto a...more
The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications,...more
12/21/2017
/ Anti-Retaliation Provisions ,
Ban the Box ,
California Family Rights Act (CFRA) ,
Criminal Background Checks ,
Domestic Violence ,
Employer Liability Issues ,
Employment Discrimination ,
Family and Medical Leave Act (FMLA) ,
Local Ordinance ,
Military Service Members ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Parental Leave ,
Private Sector ,
Salary/Wage History ,
Sanctuary Cities ,
Sexual Harassment ,
Small Employers ,
State Labor Laws ,
Transgender ,
USERRA ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
The Scenario -
Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons...more