News & Analysis as of September 20, 2024

Hiring & Firing › Tip-Pooling

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

OFCCP Week In Review: September 2021 #4

DirectEmployers Association on 9/27/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Will Tips Apps Lure Workers Back to Work? What Hospitality Employers Need to Know

Fisher Phillips on 7/6/2021

The world is opening up again and Americans are venturing out to travel, shop, and dine out. With the sudden rise in leisure and hospitality sales, the industry is facing an increased need for skilled employees – but...more

OFCCP Week In Review: March 2021 #4

DirectEmployers Association on 3/22/2021

Biden Time: Not Much For Employers To Cheer About

Constangy, Brooks, Smith & Prophete, LLP on 1/29/2021

Tougher EEOC and OFCCP, a legal challenge at NLRB, and more. NOTE FROM ROBIN: In this limited-edition "Biden Time" series, I provide regular updates on the new President's appointments and other actions that will be of...more

NLRB Advice Memorandum: Firing Employees Because of Discussions Related to Tip-Pooling Violates Section 8(a)(1)

Proskauer - Labor Relations Update on 10/20/2020

In an Advice Memorandum released Thursday, the NLRB’s Division of Advice concluded that employees who discussed an employer’s tip-pooling practices engaged in protected concerted activity, such that discharging the employees...more

July Is Always the “New January” for Employment Laws, But This Year Takes the Cake!

Littler on 6/14/2019

Every year, there are numerous state laws and local ordinances that take effect after the first of the year — and 2019 is no exception. Indeed, if anything, this year has seen a dramatic surge in the number of measures...more

3 Critical Wage And Hour Questions For Every Hospitality Employer

Fisher Phillips on 9/6/2018

The hospitality industry is an increasingly popular target for enforcement actions by government agencies, not to mention lawsuits by plaintiffs’ attorneys. To help avoid three common wage and hour issues that come up too...more

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

Fisher Phillips on 4/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

Food and Beverage Law Update: February 2018

Holland & Knight LLP on 2/20/2018

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

The Employment Law Authority - January/ February 2018

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/6/2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more

Are We at a “Tipping” Point for Wrongful Discharge Claims in Minnesota?

Dorsey & Whitney LLP on 12/7/2017

A bartender is told by his employer, in violation of state law, that he must share tips with other employees. He refuses to comply and is fired. The state law in question says he can sue for being required to share tips, but...more

October 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 11/3/2017

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

Minnesota Court Creates “Wrongful Discharge” Damages Claim for MFLSA Violations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/6/2016

In an unexpected surprising broadening of employee rights under the Minnesota Fair Labor Standards Act, the Minnesota Court of Appeals held, on June 27, 2016, that an employee who is discharged for refusing to obey an...more

California Employment Law Notes - March 2013

Proskauer Rose LLP on 3/19/2013

In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more

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Hiring & Firing › Tip-Pooling

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