Searching Content indexed under Employee Rights/ Labour Relations by Noah Finkel ordered by Published Date Descending.
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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
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
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
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
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The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers' mandatory arbitration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
It's A Strange New World In California For The Administrative Exemption
By resurrecting reliance on the administrative/production dichotomy in FLSA administrative exemption cases, the Ninth Circuit is at odds with the California Supreme Court's application...
United States
31 Aug 2017
Mandatory Arbitration, Class Waivers, And The Future Of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court Rejection Of D.R. Horton Theory Would Not Kill Collective Actions
Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB's highly controversial D.R. Horton decision in 2012...
United States
4 Jul 2017
A Fresh Take On The Horizontal Joint Employment Theory: Conditional Certification For Subway Employees Denied
Federal court denies motion for conditional certification for a proposed class of employees working at separate Subway franchises.
United States
6 Dec 2016
Another Federal Court Thinks The DOL Is Out To Lunch On Tip Credit Rule
Seyfarth Synopsis: New decision from Northern District of Georgia rejects the DOL's interpretation of the FLSA tip credit law. Holds that the FLSA does not regulate tips received by employees who are paid at least minimum wage.
United States
15 Aug 2016
Plaintiffs' Bar Sets Sights On New Lawsuits Following DOL Rule Amendments
The Department of Labor's release of the new exemption regulations appears imminent.
United States
24 May 2016
Plaintiffs' Bar Sets Sights On New Lawsuits Following DOL Rule Amendments
The Department of Labor's release of the new exemption regulations appears imminent.
United States
20 May 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
U.S. Department Of Labor Expansively Defines Joint Employment Under FLSA
Today, the U.S. Department of Labor's Wage & Hour Division (WHD) issued another Administrator's Interpretation (the AI or "Guidance") that it hopes will have a far-ranging impact on how employers do business throughout our economy.
United States
21 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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