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.
Apple Workers Secure $30 Million in Decade-Long Wage Lawsuit
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
CBD Store Owners Reach Settlement in Overtime Lawsuit
Earlier this year, an hourly sales associate sued the operators of two CBD shops in Texas for unpaid overtime in violation of the Fair Labor Standards Act (FLSA). Jay and Jamie Ashley are the owners and managers of two CBD USA Plus franchises, Sherman Hemp LLC and Ashten LLC.
Uber Reaches $8.4 Million Settlement for Driver Misclassification Lawsuit
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
Eleventh Circuit Case An Excellent Primer on the FLSA’s Administrative Exemption
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
DOL Sues New Jersey Company for Overtime Wage Violations
In May of 2020, the Department of Justice (DOL) filed a lawsuit against FTR Electrical & HVAC Services for denying its employees their overtime wages. The New Jersey-based company faced accusations of violating several parts of the Fair Labor Standards Act (FLSA). The DOJ filed the suit in the US
Eleventh Circuit Holds FLSA Administrative Exemption Applies to Business Development Managers Who Drove Business to Car Manufacturer
On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v.
Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees
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
Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to Satisfy FLSA Wage Requirements
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
Boston Market Employees Sue Employer for Wage Violations
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
Eleventh Circuit: Service Charges Are Wages, Not Tips, Under FLSA
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,
Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds
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.
Department of Labor Sues Georgia Hotel Owner for Wage-Hour Violations
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
Florida Legislature Amends Florida Civil Rights Act to Restrict Topics Employer Can Discuss in Training
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.
Subway, Burger King, and Popeyes Fined for Violating Child Labor Laws
Subway, Burger King, and Popeyes operators in South Carolina have been fined by the Department of Labor (DOL) for allegedly violating child labor laws. Some of these violations include allowing minors to work more hours than permitted by law and assigning them to perform tasks that are not
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