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Searching Content by Noah Finkel from Seyfarth Shaw LLP ordered by Published Date Descending.
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1
On Demand: It's Not Just About Movies—It's About Pay!
Instant gratification is a fact of daily life, and there is no denying we have come to expect it. When we pay bills, we go online instead of to the post office.
United States
24 Jul 2019
2
Illinois Supreme Court Opens Floodgates For Damages In Class Actions Alleging Violations Of The Illinois Biometric Information Privacy Act ("BIPA")
The Illinois Supreme Court has held that a person need not have sustained actual damage beyond technical violations of BIPA, in order to pursue claims for damages.
United States
31 Jan 2019
3
A Zombie Tip Credit Rule: District Court Tries To Bring The 80/20 Guidance Back From The Dead
Seyfarth Synopsis: Even though the DOL abandoned its 20% tip credit rule in November 2018, one federal district judge has refused to defer to the agency, opting to defer to the old guidance instead.
United States
23 Jan 2019
4
New Year Brings New Illinois Expense Reimbursement Law
Because of a new law effect January 1, 2019, employers in Illinois should review and, if necessary, revise, their expense reimbursement policies to avoid a new source of potential class action exposure.
United States
9 Jan 2019
5
Check, Please! DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule
Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that "no limit is placed on the amount of [related but non-tipped]
United States
20 Nov 2018
6
Check, Please! DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule
For about a decade, restaurant employers have faced the daunting prospect of collective and class action litigation by their servers and bartenders paid under the tip credit claiming that they spent more than 20% of their time ...
United States
16 Nov 2018
7
Halloween Bill Provides A Scare By Seeking To Prohibit Workplace Arbitration Altogether
Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims
United States
8 Nov 2018
8
Ninth Circuit Issues En Banc Decision Upholding DOL's 20% Tip Credit Rule; Ball Is Now In DOL's Court
In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL's interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the interpretation ...
United States
4 Oct 2018
9
A Class Waiver Can Be A Condition Of Employment
In one of the most significant employment cases in memory, a sharply divided United States Supreme Court held today that employers may require employees, as a condition of employment...
United States
22 May 2018
10
Encino Motorcars, LLC v. Navarro: SCOTUS Puts The Brakes On Faulty FLSA Construction Language
Employers seeking to show that they correctly have classified an employee as exempt from the FLSA's overtime requirements often have faced hostility from courts under the misimpression that FLSA exemptions must be "construed narrowly."
United States
4 Apr 2018
11
Tip Pooling Rule: What Next?: DOL Finally Sounds The Death Knell For The Rule
Noah Finkel and Cheryl Luce authored a January 31 story in HR.com, "Tip Pooling Rule: What Next?: DOL finally sounds the death knell for the rule."
United States
6 Feb 2018
12
Noah Finkel And Cheryl Luce Authored An Article In Modern Restaurant Management
Noah Finkel and Cheryl Luce authored a December 27 article in Modern Restaurant Management, "The Death Knell for Tip Pooling?"
United States
2 Jan 2018
13
SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably Don't Realize It
Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements...
United States
12 Dec 2017
14
SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably Don't Realize It
Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements ...
United States
11 Dec 2017
15
Department Of Labor's Wage And Hour Division Proposes To Nix Unpopular Tip Pooling Rule
On Monday, the DOL issued a Notice of Proposed Rulemaking announcing rescission of a rule that regulates tip pooling by employers who do not take the tip credit.
United States
6 Dec 2017
16
9th Circuit's Xerox Decision Copies Sister Circuits In Affirming Workweek Standard For FLSA Compliance
The Ninth Circuit recently joined the Second, Fourth, Eighth, and D.C. Circuits in holding that the relevant unit for determining minimum-wage compliance ...
United States
6 Dec 2017
17
9th Circuit's Xerox Decision Copies Sister Circuits In Affirming Workweek Standard For FLSA Compliance
Seyfarth Synopsis: The Ninth Circuit recently joined the Second, Fourth, Eighth, and D.C. Circuits in holding that the relevant unit for determining minimum-wage compliance under the FLSA...
United States
5 Dec 2017
18
Noah Finkel, Colton Long, Kyle Petersen And John Giovannone Authored An Article In Employment Law Strategist
Noah Finkel, Colton Long, Kyle Petersen and John Giovannone authored a November 1 article in Employment Law Strategist, "The FLSA's Overtime Provisions."
United States
10 Nov 2017
19
Big Commissions & FLSA Omissions: How Employers Could Be Required To Pay Six-Figure Earners Overtime Wages
A recent decision highlights why the FLSA is not always the remedial statute created to protect low-income workers by holding that four commission-based sales representatives, each earning six figures ...
United States
9 Nov 2017
20
NLRB About-Face Highlights Lack Of Reasoning On The Class Action "Right" It Seeks To Assert
The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers' mandatory arbitration programs.
United States
11 Oct 2017
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