3d Cir.: Paid Meal Breaks Included as Hours Worked Are Not an Offset to Unpaid Overtime

3d Cir.: Paid Meal Breaks Included as Hours Worked Are Not an Offset to Unpaid Overtime

Smiley v. E.I. Dupont De Nemours and Co., et al. This case was before the Third Circuit on the plaintiffs-employees’ appeal of the district court’s order granting the defendants-employers summary judgment.  Plaintiffs sought unpaid overtime wages for time they spent donning and doffing their uniforms and protective gear and performing “shift relief” before and after… Continue reading 3d Cir.: Paid Meal Breaks Included as Hours Worked Are Not an Offset to Unpaid Overtime

5th Cir.: Restaurant Cannot Take Tip Credit Where Retained Portion of Tips to Offset Credit Card Processing Costs in Excess of Its Direct Cos

5th Cir.: Restaurant Cannot Take Tip Credit Where Retained Portion of Tips to Offset Credit Card Processing Costs in Excess of Its Direct Costs of Collecting Credit Card Tips

Steele v. Leasing Enterprises, Limited This case was before the Fifth Circuit on the parties’ cross-appeals.  As discussed here, the case concerned an employer’s ability to withhold a percentage of an employee’s tips received by credit card to offset the fees associated with collecting credit card tips under the Fair Labor Standards Act (“FLSA”).  Specifically,… Continue reading 5th Cir.: Restaurant Cannot Take Tip Credit Where Retained Portion of Tips to Offset Credit Card Processing Costs in Excess of Its Direct Costs of Collecting Credit Card Tips

4th Cir.: Strippers Are Employees NOT Independent Contractors; Trial Court Properly Applied the Economic Reality Test

4th Cir.: Strippers Are Employees NOT Independent Contractors; Trial Court Properly Applied the Economic Reality Test

McFeeley v. Jackson Street Entertainment, LLC In this case, multiple exotic dancers sued their dance clubs for failure to comply with the Fair Labor Standards Act and corresponding Maryland wage and hour laws. The district court held that plaintiffs were employees of the defendant companies and not independent contractors as the clubs contended. Following a damages-only trial and… Continue reading 4th Cir.: Strippers Are Employees NOT Independent Contractors; Trial Court Properly Applied the Economic Reality Test

2016 · DOL Issues Final Overtime Rule · Expanding Overtime Pay for Over 4 Million Workers; New Rule to Go Into Effect Dec. 1

DOL Issues Final Overtime Rule, Expanding Overtime Pay for Over 4 Million Workers; New Rule to Go Into Effect Dec. 1, 2016

The United States Department of Labor (DOL) Announced its long-awaited final rule regarding the update to the existing overtime rules.  The new rule is set to take effect on December 1, 2016. Most significantly, whereas the previous rule employees who met certain duties tests under the so-called “white collar” exemptions had to make at least… Continue reading DOL Issues Final Overtime Rule, Expanding Overtime Pay for Over 4 Million Workers; New Rule to Go Into Effect Dec. 1, 2016

A Statistically Significant Settlement For Federal Contractors

A Statistically Significant Settlement For Federal Contractors

As discussed in last week’s Fox Workplace Watch Alert, the Office of Federal Contract Compliance Programs (OFCCP) announced its largest pay equity recovery to date – a $5 million settlement of gender and racial pay discrimination claims it brought against State Street Corporation after a six-year investigation into the financial services firm’s compensation practices.  In essence,… Continue reading A Statistically Significant Settlement For Federal Contractors

3d Cir.: Employer Must Pay for All Breaks Shorter Than 20 Minutes Notwithstanding “Flex Time” Policy

3d Cir.: Employer Must Pay for All Breaks Shorter Than 20 Minutes Notwithstanding “Flex Time” Policy

Secretary United States Department of Labor v. American Future Systems, Inc. This case was before the Third Circuit on appeal by the employer.  The district court granted the DOL’s motion for summary judgment, holding that the employer’s policy of excluding time for breaks less than 20 minutes long violated the FLSA.  The Third Circuit agreed… Continue reading 3d Cir.: Employer Must Pay for All Breaks Shorter Than 20 Minutes Notwithstanding “Flex Time” Policy

Massachusetts Will Require Accommodations for Pregnant Employees

Massachusetts Will Require Accommodations for Pregnant Employees

As of April 1, 2018, employers in Massachusetts will be required to provide accommodations to pregnant employees. In July, the Governor signed into law the Pregnant Workers Fairness Act that amends the Massachusetts’ general discrimination law to require employers to provide a reasonable accommodation to pregnant employees and to prevent employers from discriminating against pregnant… Continue reading Massachusetts Will Require Accommodations for Pregnant Employees