A Working Interview? You’d Better Pay Me

Recently, the United States District Court for the Middle District of Tennessee approved a permanent injunction and order filed by the United States Department of Labor’s (“DOL”) Office of the Solicitor against a dental practice based in Nashville. In so … Continue reading

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Department of Labor Changes Course and Ends “80/20 Rule” for Tipped Employees

This month, the Department of Labor’s Wage and Hour Division (“Division”) issued an opinion letter that, once again, reversed the Division’s position as to which service industry employees may be subject to the “tip credit.” For those who do not … Continue reading

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2018 May Push the Payroll Budget for Utah Employers

With the 2018 Utah legislative session about to begin, there are more than a few bills that Utah employers may want to keep on their radar.  HB 117, for instance, seeks to increase the minimum wage to from $7.25 to … Continue reading

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DOL Adopts Primary Beneficiary Test to Assess Whether Interns are Employees

The U.S. Department of Labor (“DOL”) abandoned its former test for assessing whether interns qualify as “employees” under the Fair Labor Standards Act (“FLSA”). Aligning itself with several appellate courts, including the Ninth and Second Circuits, the DOL now embraces … Continue reading

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Ninth Circuit Holding Regarding FLSA Minimum Wage Compliance

A unanimous Ninth Circuit Panel on November 15, 2017, joined other circuits in holding that the appropriate methodology for determining minimum wage compliance under the Fair Labor Standards Act during any workweek is by calculation of the pay earned during … Continue reading

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New Mexico Minimum Wage Increases in 2017

Several cities and counties across New Mexico have recently increased the minimum wage that must be paid to employees working within their jurisdictions. The statewide minimum wage is $7.50 per hour, with a tipped employee wage of $2.13. See NMSA … Continue reading

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Arizona Employers Must Post Minimum Wage Poster On or Before January 1, 2017

On November 8, 2016, Arizona voters approved Proposition 206, the Fair Wages and Healthy Families Act (“the Act”), raising the state’s current $8.05 per hour minimum wage progressively over the next several years. See Legal Alert. Effective January 1, 2017, Arizona’s … Continue reading

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