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Total Articles: 5

Disney to Pay Millions After Deducting Employees' Wages for Costumes

The Walt Disney Company has agreed to pay $3.8 million in back wages to more than 16,000 employees after the US Department of Labor (DOL) found it had violated the minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

Uniforms, Dress Codes, and the FLSA

The Fair Labor Standards Act (FLSA) does not prohibit employers from requiring employees to follow a particular dress code or wear a designated uniform. However, it does prohibit employers from requiring employees to pay for uniforms, if such costs would cause an employee’s pay to drop below the minimum wage. This article provides basic information to guide employers in developing dress codes or uniform standards in a manner that complies with the FLSA.

Wage Deduction From Final Paycheck Narrowly Allowed by Ninth Circuit

Ward v. Costco Wholesale Corp., No. 11-56757 (January 9, 2014): In a recent unpublished decision, the Ninth Circuit Court of Appeals upheld a trial court’s decision that Costco Wholesale did not violate the Fair Labor Standards Act (FLSA) or the California Labor Code when it deducted the outstanding balances due on company-guaranteed credit cards from the final paycheck of each discharged employee.

DOL Opinion Letter Clarifies Rules On Footwear.

The U.S. Department of Labor (DOL) recently issued an opinion letter addressing two issues involving employer requirements that employees wear a specific kind of footwear to work. The questions posed by a restaurant were as follows: (1) whether the requirement that employees wear a certain type of footwear makes such footwear a "uniform" under the Fair Labor Standards Act (FLSA); and (2) whether permit-ting employees to pay for shoes that comply with the employer's policy through a payroll deduction constitutes an impermissible deduction from wages.


It has long been industry practice for employers, including many in the hospitality industry, to require workers to wear clothing of a particular kind or appearance. What many do not realize is that this practice can have significant ramifications under the federal Fair Labor Standards Act. If your clothing policy violates the FLSA, "everybody does it" will not be a defense. A new U.S. Labor Department guidance letter has added at least a little clarity in this area.

Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)