News & Analysis as of

Minimum Wage

Update: Soup, Salvation and Overtime – Sixth Circuit Reverses $400,000 FLSA Verdict

Apparently if you are doing the Lord’s work and seek only treasures in heaven, the Fair Labor Standards Act will not guarantee that you receive an earthly reward as well. In a significant ruling that impacts religious...more

Eleventh Circuit Determines Written Consent is Sufficient for FLSA Party Status

by Faegre Baker Daniels on

On Wednesday, April 18, 2018, the Eleventh Circuit held — in a case of first impression in every circuit — that an “opt-in” plaintiff need only file a written consent to become a party-plaintiff under the Fair Labor Standards...more

Defining Who Is Part Of The FLSA Collective Action Party

by Jackson Lewis P.C. on

It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do...more

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

by Verrill Dana LLP on

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain...more

Do Good Audits Exist? Minimizing Damages in FLSA Cases

by Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

New Law Exempts Minor League Baseball Players From Certain Federal Minimum Wage, Overtime Pay Laws

by Jackson Lewis P.C. on

As part of $1.3 trillion omnibus spending bill signed by President Donald Trump in March, section 13(a) of the Fair Labor Standards Act is amended to exempt minor league baseball players from a class of workers entitled to...more

Congress Amends Fair Labor Standards Act, Takes Firm Stand Against Tip Theft

On March 23, 2018, with national attention focused on the specter of a government shutdown and a potential veto on Congressional spending measures, President Donald Trump signed into law the Consolidated Appropriations Act of...more

Congress Paves the Way for Tip Pooling to Include Back-of-the-House Employees

The history of tip pooling for employers who do not utilize a tip credit has been a rocky one. Past articles on this site have chronicled an employer’s ability to pool and distribute tips to all employees, including those in...more

DOL Clarifies Tip Pooling Law

by FordHarrison on

As reported last week, on March 23rd, President Trump signed into law a massive spending bill that, among other things, amended the Fair Labor Standards Act (FLSA) to clarify that a manager or supervisor may not keep his...more

DOL Clarifies Amendment to the FLSA's Tip Pool Rules

by Littler on

On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more

New Tip Pool Rules - Changes to the FLSA and DOL Guidance

by Franczek Radelet P.C. on

If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in...more

Labour's First 100 Days for Workplace Law

by K&L Gates LLP on

As the first 100 days of the Prime Minister Jacinta Arden led Labour government comes to a close this week, we take a look at the status of the government's proposed amendments to workplace and immigration policy to...more

New Tip Pooling Guidelines For Employers

The recent passage of the Consolidated Appropriations Act of 2018 (“H.R. 1625”), an 878-page omnibus spending bill, significantly changes the rules for tip pooling under the Fair Labor Standards Act (the “FLSA”). While the...more

Tip Pooling Updates

by Fox Rothschild LLP on

The Fair Labor Standards Act now permits back-of house employees to participate in mandatory tip pools, provided no tip credit is taken against minimum wage. The Consolidated Appropriations Act, 2018 budget bill effectively...more

The Tip Pooling Saga: What Employers Need to Know with Tip Pooling Being Legal Once Again

by Garvey Schubert Barer on

Just when it seemed that service charges were all the rage, tip pooling has reemerged to grab the headlines. Making the rounds from courts to agencies, and now Congress, the issue appears to have been settled by Congress that...more

PAID Update: WHD Releases Supplemental Information on the Self-Audit Program

On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a...more

II-30- Tackling 3 Big Wage and Hour Questions for Employers

by Cozen O'Connor on

Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more

Tip Pooling With Back-Of-House Is IN (in Most States); Manager and Supervisor Tip-Sharing Is OUT

The Fair Labor Standards Act now permits many employers to include back-of-house employees in tip pools, and prohibits employer, manager, and supervisor participation. On March 23, 2018, President Trump signed the new...more

Supreme Court Adopts More Expansive View of FLSA Exemptions

by Foley Hoag LLP on

Since the 1950s, the U.S. Supreme Court has taken the view that the exemptions to the Fair Labor Standards Act (“FLSA”), which exempt employees from the FLSA’s minimum wage and overtime requirements, should be interpreted...more

NY Attorney General “PAID” Lip Service To DOL Initiative

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor has announced the launch of the Payroll Audit Independent Determination program—or “PAID”— to facilitate the resolution of overtime and minimum wage claims under the FLSA...more

New Legislative Action on "Tip Pooling"

by Polsinelli on

Congress and the President have waded in to the ongoing debate regarding employers’ use of “tip pools” under the Fair Labor Standards Act (“FLSA”) by passing the Tip Income Protection Act (“TIPA”) as part of the omnibus...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee has Spoken (Softly, but...

The March 22, 2018 deadline for the General Assembly’s Labor and Public Employees Committee to approve bills has come and gone. As we expected, the close partisan divide kept the Committee from approving a large number of...more

Who Won? – The New Tip Pool Law

by FordHarrison on

On March 23rd, President Trump signed into law a massive spending bill. Buried on page 2025 of the spending bill, available here, is the following amendment to Section 203(m) of the Fair Labor Standards Act (FLSA), the...more

WPI Wage Watch: Minimum Wage & Overtime Updates (March Edition)

by Littler on

Never mind the Ides of March, for employers with tipped employees: beware the federal budget process. Presumably no one’s March Madness bracket had federal Fair Labor Standards Act (FLSA) amendments going to, let alone...more

Supreme Court Gives Dealerships The Green Light: Service Advisors Are Exempt From FLSA Overtime Requirements

by Fisher Phillips on

The Supreme Court today handed auto dealerships—especially those on the west coast—a long-awaited 5-4 victory by holding that service advisors are exempt from the Fair Labor Standards Act’s overtime-pay requirement because...more

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