The Ninth Circuit Court of Appeals has created a circuit split with the Eighth Circuit Court of Appeals by rejecting the U.S. Department of Labor’s (DOL) interpretation of Fair Labor Standards Act (FLSA) regulations, and issued a restaurant-friendly decision regarding the application of the “tip credit” when paying regularly tipped employees. As discussed previously, the restaurant industry has experienced an increase in lawsuits relating to servers’ duties and the 80/20 “rule”.Read More
Polsinelli at Work | Labor & Employment Blog
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Employers often spend time and resources on well-crafted policies, but then do not communicate and train to the policies. Time and again, employers are reminded to review and update their HR policies. Of course, it is important for employers to update policies because statutes change; regulations are revised; and case law is reinterpreted. A new and/or revised employee handbook may need to be rolled out. However, issuance of a handbook – no matter how current – may not sufficiently inform employees of the policies.Read More
By Cary Burke
Earlier this week, the U.S. District Court for the Northern District of California granted Nike’s motion for summary judgment and dismissed a class action alleging unpaid wages brought by workers who complained they were not paid for time going through “security checks.” Specifically, the Court determined in Rodriguez v. Nike Retail Services, Inc. that the time they were forced to wait in security checks to have their bags or jackets inspected prior to exiting the store was de minimis and non-compensable.Read More
Hurricane Harvey and Hurricane Irma serve as a reminder that employers have some legal obligations to employees during natural disasters.
Employers should have a plan in place when preparing for a natural disaster, such as an inclement weather policy, a communications plan and a crisis management plan, and should be mindful of the below tips when creating a crisis management plan to avoid employment-related lawsuits and/or agency action after a disaster.Read More
By Terry Kilroy
Missouri’s new Right-to-Work legislation, signed by Governor Eric Greitens on February 6, 2017, was scheduled to go into effect on August 28; however, labor union leaders have obtained over 300,000 signatures on a Petition, which, if validated by the Secretary of State, will force a state-wide referendum on whether the bill should become law. Since only 5 percent of registered voters in six of Missouri’s eight Congressional districts need to sign the Petition to force a referendum, it seems almost certain that enough signatures have been submitted.Read More