Recent FLSA Case Offers Insight Into Lesser-Known Exemption for Hospitality Employers
While administrative, executive and professional are the most widely-known exemptions under the FLSA, the lesser-known retail sales exemption was recently highlighted in favor of the employer in Nascembeni v. Quayside. Although the ruling in this case would be seen as favorable by employers in the hospitality industry, employers still need to ensure that they are properly characterizing their employees under the FLSA.
Related Links
> Employees Fight Over Mandatory Service Charges
> Retail Sales Exemption to Federal Wage Law
> Federal Court Reiterates That Banquets Servers Can Satisfy Section 7(i) Exemption
UPS Pays Double Wage Penalty in California
The decision in UPS, Inc. v. Superior Court addresses the amount of damages available for a meal or rest period in one given day. Plaintiffs can receive two hours of pay per day for meal and rest violations.
Read article
DOL Fact Sheet: Break Time for Nursing Mothers under the FLSA
Read the DOL Fact Sheet: Break Time for Nursing Mothers under the FLSA
Employer Law Report
EEOC Issues Final Regulations to Title II of Gina
The EEOC issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA prohibits use of genetic information to make decisions about health insurance and employment, and restricts the acquisition and disclosure of genetic information. Title II of GINA represents the first legislative expansion of the EEOC’s jurisdiction since the Americans with Disabilities Act
of 1990.
Learn more
Novartis Hit with $250M Punitive Damages Award in Largest Class Action Sex Discrimination Verdict
This verdict dwarfs even the Texaco and Coca-Cola race discrimination settlements of $176 million and $192 million, respectively.
Read Jackson Lewis Client Alert
Record Gender Discrimination Class Action Settlement and Fee Given Final Approval
The results in Velez v. Novartis Pharmaceuticals Corp. raises the stakes for defendants in all class actions...
Read Seyfarth Shaw's Workplace Class Action Blog
New York Employers Need to Comply with the New York State Wage Theft Prevention Act (WTPA)
The WTPA applies to all New York employers and requires that certain information be provided to all employees on new hire notifications, annual notifications and pay stubs.
Read KDVG Alert for more information
Record Breaking Immigration Enforcement Under Obama Administration
ICE removed more than 392,000 undocumented persons nationwide in 2010; half were convicted criminals. Since January 2009, ICE has audited more than 3,200 employers, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions. Debarment excludes persons or entities from government business for up to 3 years for prescribed violations.
Read Press Release
DOL "Interpretation" of FMLA Rules Expands Protections for Non-Traditional Families
US Department of Labor clarifies FMLA definition of 'son and daughter' — Interpretation is a win for all families no matter what they look like.
Read the Latest Legal Update
Supreme Court in Favor of Final Determinations Regarding Benefits to be Made by the Plan Administrator
The plaintiffs retired from their company in the 1980’s, taking lump-sum cash out of their accrued pension benefits. They were later rehired and became eligible, again, to accrue benefits under the company's pension plan. “The dispute giving rise to this case,” said the Supreme Court, “concerns how to account for respondents’ past distributions when calculating their current benefits – that is, how to avoid paying respondents the same benefits twice.”
Read the Latest Legal Update
Worker Classification under Attack: Consequences for Employers
A misstep in worker classification raises the risk for exposure to all kinds of adverse actions and monetary liability for taxes, penalties or civil damages. This Special Report identifies the unique legal issues that arise under the various federal and state laws usually implicated by the worker-classification process and provides guidance to help companies make their way through the classification process.
Read Jackson Lewis Report
Immigration for Employers — Immigration Reform Proposal
The department of Homeland Security's enforcement arm, Immigration and Customs Enforcement (“ICE”), continues to pressure employers with a workplace enforcement initiative that has radically increased the number of I-9 audits from that seen in the past. The latest barrage was fired in March, when ICE issued 180 I-9 audit notices simultaneously to businesses in Alabama, Arkansas, Louisiana, Mississippi, and Tennessee.
Read Immigration Newsletter
Claims Filed Under the Genetic Information Nondiscrimination Act (GINA) Begin
Since GINA became effective on November 21, 2009, approximately 80 discrimination charges have been filed with the EEOC under the new law....
Read the Latest Labor and Employment Law Update
Eight Things Employers Need to Know about California Employment Laws
California's employment laws are full of strange twists, turns and bumps.
Read Jackson Lewis Article
Employment Law Update
This article is a summary of key judicial decisions and legislative enactments during the first half of 2009.
Click here to read the Jackon Lewis Employment Law Update
EEOC Warns Employees about Waivers of Discrimination Claims in Severance Agreements
Although most signed waivers are enforceable if they meet certain contract principles and statutory requirements, an employer cannot lawfully limit your right to testify, assist, or participate in an investigation, hearing, or proceeding conducted by the EEOC or prevent you from filing a charge of discrimination with the agency...
Read "Understanding Waivers of Discrimination Claims in Employee
Severance Agreements."
Read HRMorning.com article "EEOC warns about legal holes in severance deals."
Recent California Supreme Court Ruling Likely to Increase Third Party Claims Relating to the Public Accommodation Provisions of the Federal Americans with Disabilities Act
The decision, issued June 11, 2009, affirms that claimants are not required to prove intentional discrimination in order to show a violation of the public accommodation provisions of the ADA.
Expanded FMLA Rights Effective Immediately
On October 28, 2009, the President signed the 2010 National Defense Authorization Act (NDAA) that included provisions expanding Family and Medical Leave Act (FMLA) military family leave benefits.
Read about the changes
Ninth Circuit Reinstates Sarbanes-Oxley Lawsuit Brought by In-House Corporate Lawyers
Publicly traded companies should use caution when taking adverse action against an employee who has raised concerns about conduct that even arguably constitutes
potential fraud.
Read the Jackson Lewis article
Employers Beware: Supreme Court Gives Green Light for Retaliation Claims
Employers may have to worry more about retaliation claims. Two key Supreme Court decisions may expose employers to more severe judgments.
The two separate decisions, issued May 27, 2008, have given employees the okay to bring retaliation claims against their employers under anti-discrimination statutes.
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