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Perkins Coie

Fifth Circuit Hits 0% on the Department of Labor’s Tip Credit Rule

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The U.S. Court of Appeals for the Fifth Circuit recently determined that the Department of Labor (DOL) violated the Administrative Procedures Act (APA) in issuing its “Tip Credit” final regulations and vacated the final rule....more

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

Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead

On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of...more

Seyfarth Shaw LLP

Tips from Seyfarth: In a Major Win for Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule

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Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Butler Snow LLP

Federal Court Vacates NLRB’s Rule Regarding Joint Employers

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The National Labor Relations Board (“NLRB”) issued its 2023 rule to determine joint employer status entitled “Standard for Determining Employer Status” on October 26, 2023 (the “2023 rule”). This topic was previously covered...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

Burr & Forman

11th Circuit Court of Appeals Vacates Employer’s Tip Credit Summary Judgment Victory in Rafferty v. Denny’s

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The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more

Seyfarth Shaw LLP

Is Invalidation of the DOL’s Joint Employer Rule Much Ado About Nothing?

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Seyfarth Synopsis: Much has been written in the past few weeks about a recent federal court decision that invalidated the U.S. Department of Labor’s (“DOL”) joint employment rule. While the immediate reaction of some may be...more

Stinson - Government Contracting Matters

Government Contractors Susceptible to Increased Liability as Joint Employers After Court Strikes Portions of DOL’s New...

On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it...more

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

New York Federal District Court Vacates Significant Portion of DOL’s Joint-Employer Rule

On September 8, 2020, the U.S. District Court for the Southern District of New York vacated the U.S. Department of Labor’s (DOL) final joint-employer rule, which limited when multiple businesses involved in an employment...more

Franczek P.C.

DOL’s Joint Employer Test Ruled Illegal

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On September 8, 2020, the United States District Court for the Southern District of New York struck down portions of a January 2020 Final Rule issued by the Department of Labor. The Final Rule provided a new test for...more

Ballard Spahr LLP

Federal Judge Blocks Portions of DOL’s Joint Employer Rule

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SUMMARY - On September 8, 2020, a federal judge in New York struck down significant portions of the U.S. Department of Labor (DOL) joint employer rule, which had narrowed the situations in which businesses can be held...more

Morgan Lewis

New York Court Vacates DOL’s Joint Employer Rule

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Judge Woods of the US District Court for the Southern District of New York on September 8 vacated the US Department of Labor’s new test for joint employment, which focuses only on the putative joint employer’s right to...more

Littler

Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related

Littler on

On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino. Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States...more

White and Williams LLP

Philadelphia Salary History Ordinance Upheld by Court of Appeals

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On Thursday, February 6, 2020, the Third Circuit Court of Appeals issued an order upholding Philadelphia’s Salary History Ordinance (the Ordinance). Philadelphia was an early adopter of legislation prohibiting inquiries into...more

Bradley Arant Boult Cummings LLP

Update: Maximum Ending for Alabama Minimum Wage Suit? Eleventh Circuit Affirms Lower Court’s Dismissal of Case Dealing with...

Ever wonder what happened with the minimum wage fight that has been going on between Alabama and Birmingham? Well, here is the latest — the full panel on the Eleventh Circuit has now spoken: the district court rightly...more

Payne & Fears

Key California Employment Law Cases: September 2019

Payne & Fears on

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: August 2019

Payne & Fears on

OTO, L.L.C. v. Kho, 8 Cal. 5th 111, 251 Cal. Rptr. 3d 714 (2019) - Summary:  Mandatory arbitration agreement may be unenforceable against employee wage claims if agreement requires employee to forego Labor Commissioner...more

Genova Burns LLC

Third Circuit Decision Threatens Rideshare Company’s Right to Arbitrate

Genova Burns LLC on

The Third Circuit recently opened the door to exempting Uber drivers from the Federal Arbitration Act (“FAA”). In a precedential decision, the Court of Appeals vacated a District Court’s decision compelling arbitration of an...more

Brownstein Hyatt Farber Schreck

Colorado PTO: To Pay or Not to Pay

Colorado employers gained clarity from the Colorado Court of Appeals on a closely watched Colorado wage and hour law issue—when it comes to payout of accrued vacation time upon termination, the written agreement or policy...more

Dorsey & Whitney LLP

Employers Who File EEO-1 Reports Must Provide Pay Data to EEOC by September 30

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The EEOC has long required employers with more than 100 employees or employers that are federal contractors with 50 or more employees to submit an EEO-1 report every year. The EEO-1 is a compliance survey that requires...more

Laner Muchin, Ltd.

Covered Employers Should Remain Aware Of Reporting Deadlines For The 2018 EEO-1 Survey

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Certain employers are required to submit the EEO-1 Survey to the U.S. Equal Employment Opportunity Commission. The EEO-1 Survey contains information relating to the gender, ethnicity and race of employees....more

Benesch

Employers Must Provide Pay Data to the EEOC By September 30th

Benesch on

On April 25, 2019, the federal court for the District of Columbia imposed a deadline for compliance with its March 2019 ruling that all employers with 100 or more employees must provide pay data to the Equal Employment...more

Miles & Stockbridge P.C.

D.C. Federal Court Vacates Stay on EEOC’s Collection of Pay Data

When the EEOC adopted far more expansive – and intrusive – EEO-1 reporting obligations in 2016, the reaction from employers was one of concern. That concern was seemingly allayed when the Trump Administration put a halt to...more

Obermayer Rebmann Maxwell & Hippel LLP

Federal District Judge Reinstates Expanded EEO-1 Reporting Requirements, Leaving Employers Uncertain

Since 1996, the United States Equal Employment Opportunity Commission (“EEOC”) has required employers with 100 or more employees file an annual Employer Information Report EEO-1 (“EEO-1”) identifying the number of individuals...more

Fox Rothschild LLP

Can An Appellate Judge’s Vote Count After Death Or Retirement?

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Suppose an appellate judge casts the deciding vote in a case, creating a majority in support of the lead opinion. Before the opinion is released, however, the judge retires or dies. Does his or her vote still count?...more

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