Tip-Pooling Under Fire

By John Alan Doran When a restaurant or bar does not take a tip credit, it pays servers at least minimum wage.  May the employer still require tipped employees to pool the tips with other employees, or does that violate the FLSA?  One would think the FLSA only requires employers to pay minimum wage and […]

Court Nixes Non-Appealability Clause in Arbitration Agreement

By Lori Phillips Generally speaking, arbitration is a matter of contract, and arbitration agreements must be enforced according to their terms. The Ninth Circuit recently issued a caveat, however. In In re Wal-Mart Wage & Hour Employment Practices Litigation, No. 11-17718 (9th Cir. Dec. 17, 2013), an issue of first impression, the Ninth Circuit held […]