by Christopher Vrountas and Allison Ayer The law is rapidly changing to meet the current reality as the coronavirus pandemic spreads. Both Congress and the governors of several states have begun to act and the situation is fluid. Businesses will need to keep up to date on the new rules and the new obligations for … Read more
On December 16, 2019, the U.S. Department of Labor (“DOL”) published its Final Rule concerning regular rate of pay requirements under the Fair Labor Standards Act (“FLSA”). The Final Rule clarifies that certain employee benefits, perks and bonus payments need not be included in an employee’s regular rate of pay. Because the regular rate of … Read more
In a recent case called State of Texas v. Equal Employment Opportunity Commission, et al., the Fifth Circuit Court of Appeals held unenforceable Guidance from the Equal Employment Opportunity Commission (“EEOC”) that limited an employer’s use of criminal records in hiring. On its face, the holding might seem to allow employers more freedom to refuse to … Read more
When the Supreme Court last month denied Domino’s petition to review the Ninth Circuit’s decision that allowed a website accessibility case to proceed against the pizza chain, it continued a split among the circuits. While all courts agree that Title III imposes accessibility obligations to websites connected to “brick and mortar” businesses, circuits have divided … Read more
Congratulations to our partner, Christopher T. Vrountas, for being selected for the fourth year in a row as a SuperLawyer® in the area of Labor & Employment, in the 2019 edition of the New England SuperLawyers® Magazine. A full description of Chris’s law practice and a list of the multiple jurisdictions of admissions, can be … Read more
Just last week, a jury in Wisconsin ordered Walmart to pay $5.2 Million to a former employee for disability discrimination based on the company’s decision to stop providing a job coach for one of its store employees. It was a stunning decision that should give employers pause. The EEOC brought the action against Walmart on … Read more
As noted in a prior post, employers should be aware that in late September, the DOL published a Final Rule that expands overtime coverage to over a million workers in America, or alternatively will result in those workers getting a pay raise. As expected, the Final Rule increases the salary that employers must pay certain … Read more
The United States Department of Labor has taken the next step to change the law concerning the tip credit, an important matter for restaurant and other hospitality businesses. Here is the latest: On October 7, 2019, the DOL also took the next step to implement new rules concerning when employers with tipped employees can pay … Read more
On October 1, 2019. the 9th Circuit affirmed summary judgment in favor of McDonald’s, the franchisor, stating that the company did not control the franchisee enough to be liable for the wage and hour claims brought by the franchisee’s employees. While it is under California law, it is significant as the concepts are similar. See … Read more
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