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Minimum Wage Reversal

Warner Norcross + Judd

Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and...

In a major decision issued Wednesday, the Michigan Supreme Court reinstated both the Earned Sick Time Leave Act (ESTA) and the Improved Workforce Opportunity Wage Act (IWOWA). As discussed further below, the Mothering Justice...more

DirectEmployers Association

DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session

In this episode of DE Under 3, resident expert John Fox shares first-hand experience with the recent appellate court’s reversal of the 2019 Enterprise Rent-a-Car discrimination trial decision, and Candee shares updates on...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

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

Payne & Fears

Key California Employment Law Cases: January 2020

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Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Denies Plaintiffs’ Right to Challenge Alabama Law as Discriminatory

On December 13, 2019, a split Eleventh Circuit Court of Appeals (sitting en banc) ruled that several black plaintiffs lacked standing to challenge the discriminatory intent behind an Alabama law that blocked the city of...more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Payne & Fears

Key California Employment Law Cases: July 2019

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This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment Law Legends, Episode 1 – Employment Law Reborn: West Coast Hotel v. Parrish

Our new series, Employment Law Legends, examines pivotal employment law cases—from the history behind them to their lasting impact. In the first episode of the series, Paul Rinnan discusses West Coast Hotel v. Parrish, a case...more

Bradley Arant Boult Cummings LLP

Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full Appellate Review

Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015, Birmingham, Alabama, passed a local minimum...more

Payne & Fears

Key California Employment Law Cases: December 2018

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This month’s key employment law cases address meal periods and payment of wages....more

Payne & Fears

Employment Law Developments and Trends in 2018 for Nevada Employers

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Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

Payne & Fears

Key California Employment Law Cases: October 2018

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This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Obermayer Rebmann Maxwell & Hippel LLP

Farewell 20% Rule – DOL Clarifies Eligible Duties for Tip Credit

On November 8, 2018, the U.S. Department of Labor (DOL) reissued a previously-withdrawn opinion letter from 2009 (available here) that clarified its position on when employers can use the tip credit under the Fair Labor...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Changes Position on Use of Tip Credit

As previously reported in EmployNews, litigation involving pay for tipped employees continues to vex employers in the hospitality industry. Many of these cases involve varying interpretations of the Fair Labor Standards Act’s...more

Laner Muchin, Ltd.

Recent Ninth Circuit Decision Highlights An Employer’s Obligation Under the Dual Jobs Regulation Of The FLSA

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On September 18, 2018, the Ninth Circuit Court of Appeals issued a decision which once again brings to the forefront employers’ obligations under the Fair Labor Standards Act (FLSA) and other state minimum wage laws....more

Flaster Greenberg PC

The Department of Labor Goes to Church – Tips for Employers with Charitable Components

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The U.S. Court of Appeals for the Sixth Circuit sided with a church operating the Lord’s Buffet and against the Department of Labor (“DOL”) in a case testing the reach of the Fair Labor Standards Act (“FLSA”). In Acosta v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

11th Circuit Revives Lawsuit Challenging Legality of Alabama’s Ban on Local Minimum Wage Ordinances

On July 25, 2018, the Eleventh Circuit Court of Appeals reversed a Birmingham federal judge’s dismissal of a lawsuit challenging the February 2016 Alabama Uniform Minimum Wage and Right to Work Act (commonly known as “the...more

Fisher Phillips

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

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We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Bradley Arant Boult Cummings LLP

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

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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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 each month in 2017—and if January is any...more

Goulston & Storrs PC

Update: Tip Pooling by Restaurant Owners Remains in Flux

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This past April, we reported on a recent Ninth Circuit ruling which upheld a 2011 Department of Labor (“DOL”) rule that prohibits restaurants from instituting tip-pooling arrangements that include both front-of-house staff...more

FordHarrison

DOL's Proposed Rule Change to Give Employers Increased Flexibility to Distribute or Retain Tips from Employees Earning the Full...

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On December 5, 2017, the U.S. Department of Labor (DOL) published its Notice of Proposed Rulemaking (NPRM) to reverse the Obama Administration’s tip rule prohibiting the distribution of tips to anyone other than the...more

Fisher Phillips

Are "Draws" Against Commissions Unlawful "Kick-Backs"?

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Media reports have mistakenly suggested that a recent decision by the Sixth Circuit U.S. Court of Appeals (Kentucky, Michigan, Ohio, and Tennessee) found the federal Fair Labor Standards Act to prohibit recouping a draw or...more

Foley & Lardner LLP

Ninth Circuit Deviates from Guidance and Other Authority on Tip Credits

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We have previously discussed how the Department of Labor (DOL) often issues guidance to assist employers in applying and complying with the DOL’s various regulations. The federal courts generally follow this guidance when...more

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