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.
Last week, the U.S. Seventh Circuit Court of Appeals struck a blow to employers that require their employees to waive their right to bring class and collective actions to remedy wage and hour violations, finding these waivers violate the National Labor Relations Act's right to engage in "concerted activities" to improve workplace conditions.
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.
Last week, the U.S. women's national soccer team (USWNT), represented by five of its top players, filed a complaint of wage discrimination with the Equal Employment Opportunity Commission (EEOC), alleging that U.S. Soccer players on the men's national team are paid as much as four times that of their female counterparts on the women's national team.
Last Wednesday, the Department of Labor issued guidance to clarify employees' rights and employers' obligations in an increasingly fragmented workplace. The Department of Labor Administrator's Interpretation (AI) No. 2016-1 addresses Joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
On Thursday, the National Labor Relations Board (NLRB) issued a decision that may have a big impact on the fast food organizing campaigns currently going on around the country. In Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015), the NLRB updated the test for whether two companies are "joint employers" of the same group of workers. This issue arises in cases where one agency supplies workers, like temporary employees, to work for another company. It can also arise in franchisor/franchisee arrangements. Noting that these kinds of work arrangements have become much more common in recent decades, the NLRB adjusted its test to keep pace with the changing economy.
The Department of Labor (DOL) is updating the rules that govern overtime for salaried workers under the Fair Labor Standards Act (FLSA). The new rules will make millions more Americans eligible for overtime wages.