Searching Content indexed under Trials & Appeals & Compensation by Noah Finkel ordered by Published Date Descending.
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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
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
Classifying A Loan Underwriter As Exempt Is A Risk Worth Taking, Says Sixth Circuit
The demise of bank loan underwriters' exempt status has been greatly exaggerated—at least according to a recent Sixth Circuit decision upholding the dismissal of a putative collective action against Huntington Bank.
United States
14 Mar 2016
Lifting The Weight: Conditional Certification Denied For Personal Trainers Claiming Off-The-Clock Work
The trainers in Steger v. Life Time Fitness, Inc. alleged that Life Time had an unofficial policy of intimidating and pressuring trainers to work off the clock.
United States
1 Feb 2016
Meowing Dogs And Barking Cats: Supreme Court's Grant Of Cert On Exempt Status Of Automobile Service Advisors May Result In Reminder That Exemptions Are Functional And Flexible
The U.S. Supreme Court recently agreed to resolve the question of whether "service advisors" at car dealerships are exempt from the Fair Labor Standard Act's ("FLSA") overtime pay requirements.
United States
1 Feb 2016
Reports Of The Death Of The Mootness Maneuver Are Greatly Exaggerated
To be sure, the Court's ruling narrows the grounds on which a defendant can obtain an early dismissal of a class or collective action by making a Rule 68 offer of complete relief to the class representative.
United States
22 Jan 2016
So What About Those "BlackBerry Claims" We've Been Worried About?
BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren't going away any time soon.
United States
18 Dec 2015
Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat
It is not every day that multi-million dollar wage and hour class action judgments get reversed.
United States
7 Sep 2015
MLB Fanfest Volunteers Strike Out At Second Circuit Under FLSA's Seasonal Amusement Or Recreational Establishment Exemption
Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest is an "establishment" for purposes of the FLSA's seasonal amusement or recreational establishment exemption, 29 U.S.C. § 213(a)(3).
United States
24 Aug 2015
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