Many employers, particularly in the hospitality industry, pay tipped employees less than the minimum wage.
By now most employers are (hopefully) aware that the U.S. Department of Labor has significantly changed some of the rules governing exemptions from the overtime pay requirements of the Fair Labor Standards Act (“FLSA”).
Hock Shop Employees Get Conditional Certification for One Group but Not for Another: An Interesting Twist
A group of hourly employees working for the pawnshop chain Gem Financial Services Inc. have been granted conditional certification in a Fair Labor Standards Act action; their allegation is (as usual) unpaid overtime.
Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used to evaluate whether interns are properly classified under the FLSA.
The Fourth Circuit Holds That Fire Captains Are Non-Exempt Employees Under the FLSA Because Their Primary Job Duty is Being a First Responder
The United States Court of Appeals for the Fourth Circuit (covering such east coast states as Virginia, West Virginia, and Maryland) recently held that a group of fire Captains are entitled to overtime under the FLSA because their primary duty is being a first responder.
A district court judge within the Second Circuit held that, in light of Cheeks v. Freeport Pancake House, court or DOL approval is required for a valid dismissal of FLSA claims with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).
Representatives Cheri Bustos (D-IL) and Brett Guthrie (R-KY) have introduced the Save America’s Pastime Act (SAPA) to preserve the decades-old minor league pay structure which prevents players from receiving overtime compensation under the Fair Labor Standards Act (FLSA) (Bustos withdrew her support for the legislation almost immediately after its introduction following her constituency’s negative reaction, “several concerns about the bill have been brought to my attention that have led me to immediately withdraw my support of the legislation”).
Defendants in FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification
Whenever a class action is defended, the main defense is, always, too much individual scrutiny is needed to allow a class to be formed.
Now that the new DOL exemption rules have issued, commentators have had time to reflect on what these changes may mean for business.
Life is filled with risky decisions.