Rejecting employer Timberline South’s argument, among others, that FLSA coverage did not apply because all of its timber harvesting occurred only within one state, the Sixth Circuit Court of Appeals nevertheless concluded that the commuting and meal break times should not have been included in the trial court’s calculation of overtime damages. Secretary of Labor
Fair Labor Standards Act
DOL Extends Comment Periods for Proposed Joint Employer and Regular Rate Regulations
By Jeffrey W. Brecher on
Citing the interest expressed by “law firms, unions, and advocacy organizations, among others,” the U.S. Department of Labor (DOL) has extended the period for public comment on recently-issued Notices of Proposed Rulemaking (NPRM) regarding amendments to the regulations concerning determination of the “regular rate” of pay under the Fair Labor Standards Act (FLSA) and to…
Second Circuit Shears Cosmetology Student’s Claims in Intern-or-Employee Case
By Jeffrey W. Brecher & Noel P. Tripp on
Posted in Coverage, Wage and Hour
Concluding that a student at a for-profit cosmetology academy was the “primary beneficiary” of the hours he spent training at the academy’s salon, the Second Circuit Court of Appeals has upheld the district’s court’s determination that the student was an intern, and not an not employee entitled to minimum wage or overtime under the FLSA…
Intern or Employee? When “Take Your Children to Work” Day Backfires
By Alison B. Crane & Jackson Lewis P.C. on
Posted in Coverage, Wage and Hour
In late April each year, tens of millions of employees and millions of employers participate in Take Your Sons and Daughters to Work Day. Of course, the vast majority of the child participants are elementary school kids, or perhaps young teenagers, who visit their parents’ workplaces for a few hours and then return to their…
Here’s a Tip, Minnesota: Discharging Employees for Refusing to Share Gratuities is Prohibited
By Gina K. Janeiro & Jackson Lewis P.C. on
Discharging an employee for refusing to share tips is illegal under the Minnesota Fair Labor Standards Act (MFLSA), according to the Supreme Court of Minnesota. Burt v. Rackner, Inc., 2017 Minn. LEXIS 629 (Minn. Oct. 11, 2017). In Burt the plaintiff, who was employed as a bartender, was told that he needed to give…
New Arizona Law Permits Parties To Establish Presumption Of Contractor Status Through Writing
By Noel P. Tripp on
As covered at length here, Arizona has enacted a new law effective August 6, 2016 allowing businesses and service providers seeking to enter into an independent contractor relationship to execute a “declaration of independent business status.” A declaration complying with the statute creates a presumption of proper classification of the relationship between the …
Ninth Circuit Affirms: Not All Complaints About Work Policies Relating to Hours “Protected Activity” Under the FLSA
By Noel P. Tripp on
Posted in Retaliation
The substantive provisions of the FLSA protect covered non-exempt employees’ right to receive minimum wage and, as applicable, overtime pay. The statute’s anti-retaliation provision is co-extensive: it protects employees from termination or other adverse employment action in response to complaints that those provisions were violated. The FLSA however does not extend anti-retaliation protections to employees…
Indiana Court Rejects Claim that Scholar-Athletes Are Employees under FLSA
By Noel P. Tripp on
Posted in Coverage
Last week, an Indiana federal court dismissed a lawsuit brought by former University of Pennsylvania (“Penn”) athletes against the National Collegiate Athletic Association (“NCAA”) and a number of its member schools over their alleged employment status and corresponding minimum wage protection under the FLSA. Berger, et al. v. NCAA, et al., S.D. Ind., No. 1:14-CV-01710,…
Illinois Judge Holds that Individual Liability Under FLSA Requires Both Ownership and Operational Control
By Noel P. Tripp on
The definition of an “employer” under the FLSA is, like a number of FLSA provisions, not well defined, as set forth in a long and thoughtful opinion from Judge Manish S. Shah of the Northern District of Illinois. Schneider v. Cornerstone Pints, Inc., 2015 U.S. Dist. LEXIS 166993 (N.D. Ill. Dec. 1, 2015). However,…
California Federal Court: Cosmetology and Hair Design Students Not “Employees” Entitled to Minimum Wage
By Noel P. Tripp on
Posted in Coverage, Minimum Wage
Joining decisions from other parts of the country, a California federal judge has held that former cosmetology and “hair design” students were not “employees” under the Fair Labor Standards Act or the wage-and-hour laws of California and Nevada entitled to minimum wage. Benjamin v. B & H Education, Inc., et al., 2015 U.S.…