In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the
Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
In November of last year, Apple workers finally ended a decade-long wage lawsuit against the tech giant. The lawsuit, originally filed in 2013, accused Apple of underpaying workers by forcing them to clock out before bag searches at the end of the day. Apple conducted these bag searches to
The driver misclassification suit against the prominent ride-share company, Uber, reached a preliminary deal last month. The suit was filed in the U.S. District Court for the Northern District of California after several Uber drivers in the state filed misclassification claims which prevented them from receiving full employment benefits. The
Business development managers, whose job was to convince corporate customers to purchase General Motors vehicles for their corporate fleets, qualified for the administrative exemption from the overtime provisions of the Fair Labor Standards Act (FLSA), the Eleventh Circuit Court of Appeals recently held. Brown v. Nexus Bus. Solutions, LLC, 2022
On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v.
Generally, the Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage (currently $7.25) for all non-overtime hours in a workweek. However, subject to any contradictory state laws, an employer may pay a “tipped employee” – one who customarily and regularly receives at least $30 per month
On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit1 upheld a district court’s decision2 that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was properly used by the restaurant to satisfy its minimum wage obligations
Several workers of the fast-food retail, Boston Market, filed a complaint against the corporation for wage violations. The lawsuit was filed in the United States District Court for the Southern District of New York in November of last year. Plaintiff Thomas Fitzpatrick, along with several other manual workers at Boston
On March 18, 2022, the Eleventh Circuit Court of Appeals ruled in Compere v. Nusret Miami, LLC, a collective action under the Fair Labor Standards Act (FLSA), that Nusr-et Steakhouse properly used automatically charged fees on bills to pay its employees’ wages because the fees were service charges. The plaintiffs,
A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court of Appeals for the Eleventh Circuit recently held, affirming summary judgment in favor of the employer.
The Department of Labor (DOL) filed a federal lawsuit against the owner of four hotels in Helen, Georgia. Labor Secretary, Martin Walsh, filed the complaint in the Northern District of Georgia against owner Ashvin Patel for allegedly violating the Fair Labor Standards Act (FLSA). Several managers working at the named
The Florida legislature has passed a measure with the stated purpose of protecting individual freedoms and preventing discrimination in the workplace and in public schools.