New Jersey Appellate Division Panels Reach Different Conclusions on the Enforceability of Arbitration Agreements That Are Exempt from Coverage Under the FAA
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Wage and Hour Administrator Issues Opinion Letters Addressing the 8-and-80 Overtime Method, as well as “Fair Reading” of the FLSA Exemptions for Teachers & Agricultural Employees
The Third Circuit Defines the Requirements for Orders Certifying Wage Hour Class Actions
Third Circuit: Federal Law Does Not Preempt New Jersey’s ABC Test for Independent Contractors
Third Circuit Court of Appeals Concludes That Employees Must Be Paid For All Rest Breaks of 20 Minutes Or Less
It is a common practice for employers to provide their employees with rest breaks during the work day. (And in some states, like California, it is required by state law.) But under what circumstances is an employer required to pay its employees for break time?
In U.S. Department of Labor v. American Future Systems Inc. et al., the Third Circuit Court of Appeals was asked to decide whether the Fair Labor Standards Act requires…
Third Circuit Holds That Requirement to Arbitrate Disputes “Under This Agreement” Did Not Cover Wage Hour Claims
In Moon et al v. Breathless, Inc., the Third Circuit reviewed the dismissal of a class and collective action under the Fair Labor Standards Act, the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law. The District Court for the District of New Jersey had dismissed the named plaintiff’s claims based on an arbitration clause in the written agreement between the her and Breathless, the club where she worked as a…
New UK Offences of Failure to Prevent Facilitation of Tax Evasion – looming deadline
In May 2016, we published an alert about UK proposals to introduce new strict liability corporate criminal offences aimed at preventing the facilitation of tax evasion. Andy Howard, Tax partner in the Ropes & Gray London office, also recently recorded a short video on the topic for our Trending Legal Topics series. The UK has recently confirmed that the relevant legislation will come into effect on September 30, 2017. In this alert, we recap on…
Tips Do Not Count Towards the Minimum Wage Unless a Worker Qualified as a “Tipped Employee”
In Romero v. Top-Tier Colorado LLC, the Tenth Circuit Court of Appeals ruled that tips received by a restaurant server for hours in which she did not qualify as a tipped employee were not “wages” under the FLSA, and therefore should not be considered in determining whether she was paid the minimum wage.
Tipped Employees & the FLSA
The FLSA provides that employers may take a “tip credit” and pay employees as little as $2.13…
Missouri Supreme Court Rules That St. Louis’ Minimum Wage Ordinance Is Not Preempted by State Law
The Missouri Supreme Court has overturned a lower court’s ruling that St. Louis’ minimum wage ordinance is invalid, finding that the ordinance is not preempted by the state law.
St. Louis City’s Ordinance 70078 (“the Ordinance”) provides for a series of increases to the minimum wage for employees working within the boundaries of St. Louis. The plaintiffs argued that Ordinance 70078 was preempted by the state minimum wage law. The plaintiffs contended that state law…
Despite Expedited Fifth Circuit Review, the District Court Case Challenging the DOL’s Proposed Overtime Regulations Will Proceed
The District Court for the Eastern District of Texas has denied the U.S. Department of Labor’s application to stay the case in which the district court enjoined the DOL’s new overtime regulations. The DOL had asked the court for a stay while the Fifth Circuit Court of Appeals considered an interlocutory appeal of the injunction.
As wage and hour practitioners know:
In May 2016, the U.S. Department of Labor announced that it would implement…