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Minimum Wage › Reversal › Department of Labor (DOL)

Jackson Lewis P.C.

Federal Contractors in Flux: Ninth Circuit Finds President Biden Can’t Mandate Minimum Wage Under EO 14026

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit has vacated an Arizona federal court’s decision denying a request by several western states to enjoin President Joe Biden’s executive order increasing the minimum hourly wage...more

Parker Poe Adams & Bernstein LLP

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

Parker Poe Adams & Bernstein LLP on

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

Laner Muchin, Ltd. on

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

Flaster Greenberg PC on

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

Fisher Phillips

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

Fisher Phillips on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Fisher Phillips on

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

Goulston & Storrs PC on

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...

FordHarrison on

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"?

Fisher Phillips on

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

Foley & Lardner LLP on

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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