Though the USDOL’s new rule regarding overtime-eligibility for home care workers is currently in force, pending appeal, litigation continues over the prior rule. A new appellate ruling addresses the scope of the term “private home” for purposes of the prior rule, clarifying that the former exemption applies to caregiver work in the private homes
eighth circuit
Eighth Circuit Affirms In Part District Court’s Rejection of Jury Finding That Managers Were Properly Classified as Exempt
By Noel P. Tripp on
Posted in Exemptions
Reviewing a decision of a trial judge reversing a jury’s finding that several lumber company managers were properly classified as exempt, the Court of Appeals for the Eighth Circuit ruled on the narrow issue of whether testimony that ownership solicited feedback from “all employees” could support a finding that the exempt managers’ recommendations were given…
Eighth Circuit Confirms Availability of FLSA Back Pay Remedies for Illegal Workers
By Noel P. Tripp on
Posted in Coverage
A new decision from the U.S. Court of Appeals for the Eighth Circuit is consistent with the rulings of several lower courts in holding that an individual employed in violation of the Immigration Reform and Control Act (IRCA) because he or she is not authorized to work in the United States is still entitled to…
Eighth Circuit Rejects D.R. Horton and Other Arguments, Upholds Class/Collective Action Waiver Contained in Arbitration Agreement
By Noel P. Tripp on
Posted in Class Actions
The issue of the enforceability of an employee’s agreement to arbitrate disputes with his or her employer on solely an individual basis and related waiver of the right to proceed in a representative capacity (i.e., class or collective action basis) continues to wend its way through to the higher courts. Ultimately, this issue…
Appeals Court Rules That Change to Workweek, Even to Reduce Overtime Costs, Not Unlawful
By Noel P. Tripp on
Posted in Hours of Work
Under the FLSA, entitlement to overtime pay for non-exempt employees is analyzed on a workweek basis, however, an employee must have a fixed and regularly recurring 168-hour workweek. 29 C.F.R. §§ 778.104, 105. The regulations do contemplate that an employer may modify the workweek on a prospective basis, provided the “change is intended to be permanent and…
The 20% Rule For Tipped Employees – Eighth Circuit Invited to Decide Whether To Adopt USDOL Position
By Noel P. Tripp on
Posted in Tips and Tipped Employees
In the food service industry, an employer can take a tip credit against the minimum wage for customarily tipped employees, such as servers, bus persons and bartenders. Under federal law, a restaurant can pay employees holding such positions $2.13 per hour, rather than $7.25 per hour, as long as the employees receive sufficient tips to…