Employer’s Posting of Side Letter Explaining NLRB Settlement Notice Breaches Settlement Agreement
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Massachusetts Retail and Inside Salespersons Are Now Entitled to Overtime and Sunday Premium Pay
Federal Court “Tips” the Scale in Favor of Restaurant Workers by Reviving 80/20 Rule
We recently highlighted DOL opinion letter 2018-27, which rescinded the 80/20 rule and was a welcome change for employers in the restaurant industry. However, less than two months after the DOL’s policy change, the U.S. District Court for the Western District of Missouri rejected the DOL’s new guidance, claiming it is “unpersuasive and unworthy” of deference.
As a refresher, the 80/20 rule requires businesses to pay tipped workers at least minimum wage (with no tip…
Epic Changes to Epic Systems: House Democrats Seek to Prohibit Class Waivers in Arbitration Agreements
Before the lame duck period of the 115th Congress, Rep. Jerrold Nadler (D-NY) and a group of 58 Democrat co-sponsors, introduced the Restoring Justice for Workers Act (H.R. 7109), which would prohibit employers from requiring employees to sign mandatory arbitration agreements.…
DOL “Tips” the Scale in Favor of Restaurant Employers by Ending 20% Tip Credit Rule
The Department of Labor (“DOL”) recently published an Opinion Letter (FLSA-2018-27) reissuing its January 16, 2009 guidance (Opinion Letter FLSA-2009-23) and reversing its Obama-era position on the 20% tip credit rule. This opinion letter marks another major shift in DOL’s policy and presents a welcome change for employers in the restaurant industry.…
New Compliance Requirements for FCRA Background Checks
The Consumer Financial Protection Bureau (“CFPB”) issued a new “A Summary of Your Rights Under the Fair Credit Reporting Act” (“FCRA”) (“Summary of Rights”) form on September 12, 2018. This form replaces the previous version issued on November 12, 2012, and is expected to be implemented by employers on September 21, 2018.…
Supreme Court’s Decision Upholding Arbitration Agreements Applies to Independent Contractors Too
As we wrote about last month, on May 21, 2018, the Supreme Court rendered its decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), rejecting perhaps the largest remaining obstacles to the enforcement of class action waivers in arbitration agreements in the employment context. The Court concluded that the class action waivers did not violate the National Labor Relations Act (“NLRA”). Although the Court’s opinion also seemed dispositive of whether such agreements could…