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Be Careful When Using Biometric Information

While not strictly speaking a wage and hour issue, here is a heads-up to any employers that use timekeeping systems featuring biometric security, like a thumbprint or fingerprint scanner:

Tip-Pooling Restrictions Slated To Be Rescinded, Labor Department Announces

The U.S. Department of Labor plans to propose a full rescission of the controversial tip-pooling restrictions impacting employers who pay tipped employees the full minimum wage directly sometime in August, according to a regulatory agenda published this morning.

Reflections Upon USDOL "Tip Retention" Enforcement

We recently wrote about two federal appellate decisions holding that tipped employees for whom no federal Fair Labor Standards Act Section 3(m) "tip credit" has been taken, and to whom all FLSA minimum wages and overtime compensation due have been paid, may not sue under that law to recover tips that their employers allegedly unlawfully retained.

Department Of Labor To Rescind 2011 Tip Pooling Regulation

Today the Trump Administration, through the Office of Management and Budget’s Office of Information and Regulatory Affairs, released the federal government’s semi-annual Unified Agenda of Regulatory and Deregulatory Actions.

DOL Brief in Overtime Rules Case Leaves New Uncertainty

On June 30, the U.S. Department of Labor filed its long-awaited brief announcing the new administration’s position on the ongoing litigation over the FLSA overtime exemption rules published last May. As readers may recall, the new rules would have increased the minimum salary for exempt employees from $455 per week to $913 per week. The rules were blocked by a preliminary injunction from a U.S. District Court just days before they were to take effect last November. The Department of Labor appealed that injunction ruling to the 5th Circuit Court of Appeals shortly before President Obama left office. That appeal has been on hold while the new administration reviewed its position on the regulations and the lawsuit.

Context Matters: Mortgage Underwriters Don’t Meet FLSA’s Administrative Exemption, Ninth Circuit Concludes

Mortgage underwriters do not qualify for the Fair Labor Standards Act’s administrative exemption because they are more appropriately characterized as “production” employees, according to the U.S. Court of Appeals for the Ninth Circuit. McKeen-Chaplin v. Provident Savings Bank, 2017 U.S. App. LEXIS 11950 (9th Cir. July 5, 2017).

Opinion Letters Are Good For Everybody

The U.S. Department of Labor's announcement that it would resume issuing opinion letters has re-invigorated criticism that recently surfaced at the mere suggestion that this might be done.

Tenth Circuit Rules Employer That Pays More Than Minimum Wage Does Not Have to Share Customers' Tips With Employees

Executive Summary: On June 30, 2017, the U.S. Court of Appeals for the Tenth Circuit ruled in Marlow v. The New Food Guy, Inc. d/b/a Relish Catering (Relish) that neither the Fair Labor Standards Act (FLSA) nor a Department of Labor (DOL) regulation requires an employer to share customers’ tips with employees so long as the employees are paid more than minimum wage.

Wage Watch: Minimum Wage & Overtime Updates (June Edition)

Summer is upon us and the heat – from both a temperature and legislative perspective – is on. As employers across the county await action from federal labor officials concerning the currently-enjoined white collar salary rule, state measures increasing exempt employee pay continue to move through state legislative houses. Multiple states, counties, and cities are about to raise their minimum wage rates. And numerous state and local governments are contemplating new minimum wage measures or changes to existing schemes.

USDOL Submits Arguments In Salary Appeal

The U.S. Department of Labor has finally filed a Reply Brief supporting its request that the Fifth Circuit U.S. Court of Appeals overturn last November's preliminary injunction that blocked the salary-related changes in the regulations defining the federal Fair Labor Standards Act's "white collar" exemptions.