Joint Employer Status Muddied Further

By Carissa Davis On January 12, 2020, the Department of Labor, Wage and Hour Division (“DOL”) announced its revisions to the federal regulation interpreting joint employer status under the Fair Labor Standards Act (“FLSA” or “Act’).  The new rule is set to take effect on March 16, 2020. For decades, federal regulations have recognized two […]

Cheerleaders Slam NFL with Suit

By Mercedes Pineda Just before the Big Game, a former cheerleader for the San Francisco 49ers “Gold Rush Girls” filed a class action lawsuit against the NFL, claiming the league conspired to keep the female athletes’ pay below market value. Seeking up to $300 million in damages, the suit claims cheerleaders earn a paltry flat […]

AZ’s Hidden Employer Wage/Hour Gift

By John Alan Doran Much has been said about AZ Governor Ducey’s recent decision to sign into law HB 2579, which preempts local governments from enacting their own living wage or fringe benefits ordinances for private employers.  See here for more information.  But next to nothing has been said about the impact of HB 2579 […]

Not Worth Fighting Over?

By Andy Volin In wage and hour disputes, sometimes an employer would rather just pay a claim instead of fighting it. Maybe the claim is only worth several hundred dollars and attorney’s fees would be a far greater expense. Or maybe not only is the claim small, but the plaintiff claims the dispute should be […]

Exempt or Not? Service Advisors

By Andy Volin The Fair Labor Standards Act (“FLSA”) requires payment of a minimum hourly wage and overtime, unless an employee fits within one of many exemptions. In some parts of the United States, courts had ruled that automobile service advisors – the people at the dealership who you speak with about your car’s repair […]

2 Plaintiffs, 24 years to Appeal

By Bill Wright Is this a record? The 11th Circuit Court of Appeals recently ruled on a case involving 2 plaintiffs and 6 claims. The most remarkable fact is that the case at issue started in June 1990. That’s when the Complaint was filed; the EEOC charge must have been before that. The underlying facts […]

DOL Hits Restaurant for $800k for Illegal Tip Withholdings

By Bryan Stillwagon The Department of Labor continued its roundup of restaurants supposedly skirting wage and hour laws, recently reaching a settlement with a Texas-based restaurant for $650k in back wages and $150k in penalties to be split among 279 current and former wait staff. A DOL investigation found that not only was the restaurant […]

Employee To Get Trial On Oral FLSA Complaint

By Mike Grubbs The Supreme Court decided last year that an oral complaint about a wage and hour issue counts as protected activity under the Fair Labor Standards Act. That decision is bearing fruit for at least one of the plaintiffs who brought the suit.  Kevin Kasten alleged that his former employer, Saint-Gobain, terminated his […]