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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Common and Costly Employer Mistake: Not Paying Overtime Premium on Incentive Compensation
Most employers know that the Fair Labor Standards Act (“FLSA”) requires minimum wage and overtime to be paid to employees unless they are exempt. A common mistake, however, is when employers fail to properly factor certain incentive compensation into non-exempt … Continue reading
Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections
Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions … Continue reading
United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements
Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading
Posted in Arbitration, Class Action
| Tagged Class Action Waiver, Employment Arbitration Agreements, Epic Systems, Ernst & Young LLP, Lamps Plus, Lewis, Morris, Murphy Oil, Ninth Circuit, NLRB, SCOTUS, Section 7, Supreme Court, Wage & Hour
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UPDATE: Does Your Employee Handbook Have a Lactation Accommodation Policy? (And Are You Abiding By It?)
Recently, a federal jury awarded a City of Tucson Fire Department paramedic $3.8 million after it found that the department violated the Fair Labor Standards Act (“FLSA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) when … Continue reading
Posted in Discrimination, DOL, FLSA, FMLA, Handbook
| Tagged District of Arizona, Employees, Fair Labor Standards Act, Lactation Accommodation, Nursing Mothers, Wage & Hour
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Does Your Employee Handbook Have a Lactation Accommodation Policy?
Many employers are familiar with break and meal period requirements applicable to their organization under state and federal law. Often overlooked, however, is an employer’s responsibilities toward nursing mothers. We take a look at some of the requirements employers should be aware … Continue reading
Posted in DOL, FLSA, Handbook
| Tagged Employees, Fair Labor Standards Act, Lactation Accommodation, Nursing Mothers, Rest Break, Wage & Hour
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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
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
In-House Counsel Tool Kit: Employment Law Update
A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on … Continue reading
Posted in ADA, Discrimination, FLSA, FMLA
| Tagged #metoo, ADAAA, Disability, FMLA, Sexual Harassment, Wage & Hour
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The U.S. Department of Labor Issues Six New Wage and Hour Opinion Letters
The U.S. Department of Labor’s Wage and Hour Division (WHD) issued six new opinion letters this week, covering employer compliance issues under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The opinion letters … Continue reading
Posted in DOL, FLSA, FMLA
| Tagged Department of Labor, Fair Labor Standards Act, Family Medical Leave Act, Opinion Letters, Wage & Hour, Wage and Hour Division
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Tolling of Statute of Limitations in Class Action Realm Narrowed
In 1974 the United States Supreme Court in American Pipe & Construction Co. v. Utah held that the timely filing of a class action tolls the applicable statute of limitations for all persons encompassed by the class complaint. This holding … Continue reading
Posted in Class Action, Pay
| Tagged Class Certification, Ninth Circuit, SCOTUS, Statute of Limitations, Supreme Court, Wage & Hour
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