In late March, the Trump administration backed off from a proposal that would have effectively given restaurants and other employers the legal right to pocket workers' tips. The U.S. Department of Labor (DOL) announced the proposed rule change last December, saying it would give employers the "freedom to share tips between traditionally tipped and non-tipped workers." It would have rolled back regulations introduced in 2011 by the Obama administration that barred employers from redistributing tips to anyone other than the employees who would normally receive them.
The Ninth Circuit has proven to be a thorn on President Trump's side since he took office, blocking President Trump's original order banning immigration from seven Muslim-majority countries and the revised ban released in March 2017. And in April, a district court judge in the Ninth Circuit blocked Trump's order cutting funding to sanctuary cities. Trump has responded by threatening to break up the Ninth Circuit (though the president does not have the unilateral power to change federal courts).
Yesterday, millions of American workers were denied a long overdue raise. On December 1, 2016, a U.S. Department of Labor (DOL) rule should have made millions of Americans in salaried jobs eligible for overtime pay. Instead, a coalition of businesses and states sought a nationwide injunction blocking the new DOL rule from taking effect, forcing working families to wait indefinitely - and unnecessarily - for relief.
In a civil complaint filed June 8, 2016, the State of Illinois alleges that the sandwich chain Jimmy John's violated the state's Consumer Fraud and Deceptive Practices Act, 815 ILCS 50511, et seq., by requiring its store employees to sign aggressive non-compete agreements.
A lawsuit brought by New York Attorney General Eric Schneiderman accuses Domino's Pizza of under-paying delivery workers and other forms of wage theft at ten locations across New York state. As a result, according to the lawsuit, restaurant workers have been shorted more than a half-million dollars in hard-earned pay.
The White House today issued a blockbuster set of changes to the overtime rules under the Fair Labor Standard Act (FLSA) that will allow far more middle-class workers to earn time-and-a-half. The Final Rule doubles the standard salary floor for exempt workers, establishes automatic increases of that floor every three years, and sets a higher salary threshold for "highly compensated individuals" who are generally exempt under the 2004 rules.
The Second Circuit yesterday filed an amended opinion in the Fox Searchlight Black Swan unpaid-intern case (a case filed by Outten & Golden). In response to a petition for rehearing, the panel upholds its original decision - vacating class certification and partial summary judgment for the class - yet made significant changes to its original reasoning that will enable unpaid-intern cases to proceed.
Here's a nice David-v.-Goliath case, where a nanny goes after her former employers for violating the federal Fair Labor Standards Act, 29 U.S.C. § 206(a) and Florida, Fla. Const. Art. 10, § 24(e). Not only did the nanny prevail at trial (with a $33,025 jury verdict), but on appeal she wins the right to pursue double ("liquidated") damages, and an addition al year of lost wages, in a second trial.
This blog has recently discussed developments in a variety of wage-and-hour misclassification cases involving Audit Associates at Big Four accounting firms. There have been two more recent developments, both relating to one particular accounting firm's refusal to disclose information (in a case in which Outten & Golden serves as co-counsel). In back-to-back orders, a federal judge in New York ordered preservation of electronic data and disclosure of documents previously filed under seal.