Our colleagues Jeffrey H. Ruzal and Carly Baratt
Following is an excerpt:
Take 5 Newsletter – Prepping for Full Compliance! Five Important Legal Compliance Issues
Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below five new or upcoming areas on which employers should focus.
Hospitality Employers May Soon Face a Compliance Challenge:
DOL Proposes New Rule to Determine Joint Employer Status Under the FLSA
In the first meaningful revision of its joint employer regulations in over 60 years, on Monday, April 1, 2019 the Department of Labor (“DOL”) proposed a new rule establishing a four-part test to determine whether a person or company will be deemed to be the joint employer of persons employed by another employer. Joint employer
Many Questions Are Unanswered by California Supreme Court’s Clarification of De Minimis Doctrine
Our colleagues at Epstein Becker Green have a resent post on the Wage and Hour Defense Blog that will be of interest to our readers in the retail industry: “California Supreme Court’s Clarification of De Minimis Doctrine Leaves Many Questions Unanswered – and Does Little to Ease
Franchisees Are Not Employees of 7-Eleven
Our colleague at Epstein Becker Green has a post on the Wage and Hour Defense blog that will be of interest to our readers in the retail industry: “Federal Court Concludes That 7-Eleven Franchisees Are Not Employees of 7-Eleven.”
Following is an excerpt:
In November 2017, four convenience store franchisees
The Supreme Court Rejects Narrow Construction for FLSA Overtime Exemptions – Employment Law This Week
Featured on Employment Law This Week: The Ninth Circuit held that certain auto service advisors were not exempt because their position is not specifically listed in the FLSA auto dealership exemption.
The 9th relied on the principle that such exemptions should be interpreted narrowly. In a 5-4 decision last week, the Supreme Court found
Congress Rejects Part of the DOL’s Proposed Tip-Pooling Rule – Employment Law This Week
Featured on Employment Law This Week: Under the recently signed Consolidated Appropriations Act, Congress has amended the FLSA to address tip pools. The amendment prohibits employers from keeping employees’ tips or distributing any portion of the tips to managers or supervisors. Non-tipped, back-of-the-house employees, like cooks and dishwashers, may participate in tip pools when
FJC Publishes New Protocols: Initial Discovery Protocols For Fair Labor Standards Act Cases Not Pleaded As Collective Actions
Our colleagues , at Epstein Becker Green, have a post on the Wage and Hour Defense Blog that will be of interest to many of our readers in the hospitality industry: “Initial Discovery Guidelines May Fast-Track Early Disclosure Requirements in Individual FLSA Cases.”
Following is an
Ninth Circuit Rejects DOL’s “80/20 Rule” On Sidework And Tipped Employees
Yesterday, the Ninth Circuit issued its opinion in cases involving the Department of Labor’s (“DOL”) “80/20 Rule” regarding what is commonly referred to as “sidework” in the restaurant industry. Agreeing with the arguments made by our new colleague Paul DeCamp, among others, the Ninth Circuit issued a decidedly employer-friendly decision. In so doing, it disagreed
Court Rejects Chipotle’s Attempt to Break Up Conditionally Certified Collective Action of Hourly Employees
Chipotle recently obtained decertification of a conditionally certified collective action of salaried “apprentices” under Section 216(b) of the Fair Labor Standards Act (“FLSA”) in Scott et al. v. Chipotle Mexican Grill, Inc. et al., Case No. 12-CV-8333 (S.D.N.Y. Mar. 29, 2017), a case in New York federal court involving claims of unpaid overtime based