On December 18, 2024, the DOL issued opinion letter FLSA2024-02, reaffirming its position that managers and supervisors are prohibited from participating in tip pools under any circumstances.
Tip pooling is a common practice in the hospitality industry where employees contribute any tips received into a pool at the end of a shift and
On December 10, 2024, the National Labor Relations Board (NLRB or “the Board”) took advantage of its Democratic majority in the waning days of the Biden administration to issue its decision in Endurance Environmental Solutions, LLC, and overturn a Trump-era standard that had strengthened management rights clauses in collective bargaining agreements.Continue Reading NLRB Weakens Ability of Employers to Rely on Management Rights Clauses in Collective Bargaining Agreements . . . For Now
Recognizing that healthcare providers often play a key role in the reasonable accommodation process, the United States Equal Employment Opportunity Commission (“EEOC”) issued guidance on December 18, 2024, explaining how healthcare providers can help patients obtain an accommodation under the Pregnant Workers Fairness Act (“PWFA”). The guidance, “Helping Patients Deal with Pregnancy – and Childbirth – related Limitations and Restrictions at Work Under the Pregnant Workers Fairness Act,” outlines ways providers can inform their patients about the PWFA, suggest appropriate potential accommodations, and provide effective supporting medical documentation.Continue Reading EEOC Issues PWFA Guidance for Healthcare Providers
Under the Illinois Wage Payment and Collection Act (IWPCA), an employee may file suit for compensation owed “pursuant to an employment contract or agreement.” 820 ILCS 115/2. Courts have taken different approaches regarding what constitutes an agreement under the IWPCA, and prior to October 2024, the Seventh Circuit had not opined as to
On September 26, 2024, the New Jersey Legislature passed Senate Bill 2310. This new law requires New Jersey employers to include certain information about compensation and benefits in both internal and external job postings. Governor Murphy has 45 days (i.e., until November 10, 2024) to sign the bill into law, and, once signed, it will go into effect seven months later.Continue Reading New Jersey Passes Wage Transparency Law
In a recent decision, the Colorado Supreme Court reminded employers that state law often differs from federal law when it comes to properly paying employers. One such area involves calculating the regular rate of pay for purposes of determining overtime compensation owed to employees who work more than 40 hours in a workweek.Continue Reading Colorado Requires Holiday Incentive Pay to Be Included in the Regular Rate of Pay
On September 4, 2024, Governor Kathy Hochul signed S8358C, the New York Retail Worker Safety Act (RWSA), into law. Through the RWSA, New York state seeks to address growing threats of workplace violence and fears among retail workers regarding their safety in the workplace. New York joins a handful of other states, including California, which have passed similar legislation.Continue Reading New York Governor Signs Legislation to Protect Retail Workers from Workplace Violence
On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit. The Seventh Circuit’s ultimate decision in the matter could significantly impact collective action litigation. Continue Reading Seventh Circuit to Review Two-Step Collective Certification Process
In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that restricted when employers may claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA).Continue Reading Fifth Circuit Strikes Down U.S. Department of Labor Tip Credit Rule
On August 19, 2024, the Colorado Supreme Court announced that it will decide what statute of limitations applies to claims brought under the Colorado Minimum Wage Act – the Colorado Wage Claim Act ’s two or three-year statute of limitations (depending on whether the violation is willful) or Colorado’s general six-year statute of limitations.Continue Reading Colorado Supreme Court To Decide What Limitations Period Applies To Colorado Minimum Wage Act Claims