On September 24, 2019, the United States Department of Labor announced its Final Rule to change the salary basis test, which is an integral test used by the DOL to determine whether certain employees shall be considered “exempt” from the protections of the Fair Labor Standards Act concerning minimum wage and overtime pay. Briefly, in … Read more
Another Labor Day has passed, but don’t let new developments in the market for labor pass you by without notice. The New York Times recently reported that apps such as Pared and Instawork are the latest inroads the gig economy has made into the restaurant industry. Briefly, these apps are helping restaurants fill gaps in … Read more
Title VII’s requirement that an employee must file a charge of discrimination with the Equal Employment Opportunity Commission before he or she may file a lawsuit in court is a “claims processing” rule and not a “jurisdictional” rule says the Supreme Court of the United States. In a case called Fort Bend County Texas v. … Read more
There have been some recent developments in state and federal law that may affect employers in New Hampshire set forth below: New Hampshire Amends Youth Night Work Statute Employers in New Hampshire should be aware that the legislature just recently passed amendments to the laws concerning youth night work. Effective July 14, 2019, the new … Read more
The United States Department of Labor has made its next move in the continuing policy battle concerning when restaurants can pay service employees the tip credit wage. While at first glance this may seem like a positive change for the restaurant industry, it remains unclear whether the Courts will give the new guidance deference. As … Read more
Several years after efforts stalled under President Obama, the United States Department of Labor has now proposed new regulations increasing the “salary test” for determining which employees may be “exempt” from the benefits of overtime pay under the Fair Labor Standards Act. Under current federal law, all employees must be paid overtime if they work … Read more
The Department of Labor recently issued an opinion letter concerning leave under the Family and Medical Act (“FMLA”). DOL now opines that an employer must designate employee as FMLA leave if such time off has been requested for an FMLA qualifying event, even if the employee uses other paid time off benefits during this time. … Read more
It is a new year. But the same fight continues in the courts over when restaurants can pay service employees the tip credit wage. As result, there is continuing confusion for the restaurant industry about when and how to pay tipped employees sub-minimum wage. Just a few months ago, we wrote about a United States … Read more
As of January 1, 2019, the EEOC removed from federal regulations a rule permitting an employer to incentivize employees to voluntarily disclose information protected by the Americans with Disabilities Act (“ADA”) and Genetic Information Nondiscrimination Acct (“GINA”) in connection with an employee-sponsored wellness program. This means that employers who offer wellness programs that incentivize employees … Read more
The 20% Rule is dead. Or is it? Only last month, we wrote about the 9th Circuit’s decision in Alec Marsh v. J. Alexander’s, in which the Court of Appeals joined with other circuits and gave deference to and enforced the U.S. Department of Labor’s guidance concerning the amount of side work that tipped employees … Read more