Anyone who has dined at a restaurant is aware of the importance of tipping, even if the exact rules, like the percentage and how it should be calculated, may be a bit fuzzy at times. Full Story
Those of you following the challenge to the Department of Labor (“DOL”) tip pooling regulations interpreting the Fair Labor Standards Act (“FLSA”) may recall the events below. Full Story
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This week members of the House and Senate introduced legislation designed to improve protections for pregnant and nursing employees. Full Story
When should a tipped employee no longer be treated as a tipped employee? Plaintiffs’ lawyers argue that restaurants cannot utilize the tip credit, or pay tipped employees a sub-minimum wage, if tipped employees perform any “non-tipped” duties, such as washing dishes or taking out the trash. Full Story
The Eighth Circuit in Carmody v. Kansas City Board of Police Commissioners addressed the standard of proof in a wage and hour case when an employer failed to maintain accurate timekeeping records. Full Story
The DOL’s Employee Benefits Security Administration (EBSA) has issued new guidance on the Affordable Care Act (ACA) requirement that employers provide employees with a notice of their health insurance coverage options available through the future health insurance exchanges (“Exchange” or “Marketplace”). Full Story
Exempt status under the FLSA often requires payment of a fixed salary on the salary basis discussed in the DOL regulations. 29 C.F.R. § 541.602. An employee classified as exempt sometimes asserts that receipt of supplemental compensation beyond the fixed salary renders him a non-exempt employee. Full Story
On May 8, 2013, the Employee Benefits Security Administration of the Department of Labor (the “DOL”) issued Technical Release 2013-02 (the “Release”) Full Story
On May 8, 2013, the Employee Benefits Security Administration of the Department of Labor (the “DOL”) issued Technical Release 2013-02 (the “Release”) providing important guidance under the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the “Affordable Care Act”) Full Story
On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. v. Symczyk, that a plaintiff-employee’s Fair Labor Standards Act (“FLSA”) collective action could not proceed because her claims were moot after the defendant offered the plaintiff, per Federal Rule of Civil Procedure 68, full relief for her individual claims. Full Story
Facebook, You and the Government: The SEC is Following Your Tweets http://t.co/Cy3LmGNyLD Court Partially Dismisses and Denies Conditional Certification In Tip-Credit Case http://t.co/GdXKd1oksS - @BakerHostetler Your Corporate Structure and Ownership Status Matters when it Comes to Benefits http://t.co/J6IHuA6zMG - @kmcmurdy On Keeping Internal Investigations Independent and Conflict-Free http://t.co/YOs7cSp4Vc - @DavidSmyth33 Illinois General Assembly Votes to Eliminate TANF Asset Limits http://t.co/UjtsyTIUO4 - @shrivercenter