Perhaps no single exemption classification under the FLSA has been subject to as much scrutiny, or generated as much inconsistent authority from courts and the United States Department of Labor, as the classification of loan officers in the mortgage banking industry. In 2013, the Court of Appeals for the D.C. Circuit invalidated the Department of
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Restaurant Association Defeats Department of Labor, Invalidates 2011 Tip Regulations
By Noel P. Tripp on
Posted in Oregon, Tips and Tipped Employees
In 2010, the Ninth Circuit held in Cumbie v. Woody Woo, Inc., that an employee’s property right to tips attaches under the FLSA only if the employer is taking a tip credit pursuant to 29 U.S.C. § 203(m). In response to this decision the Department of Labor passed widely discussed-regulations which, contrary to the decision…
DOL Regulatory Agenda: More Aggressive Activity Expected
By Noel P. Tripp on
Posted in Department of Labor
With the President’s reelection, and significant new workplace law legislation unlikely given the large, divisive issues plaguing Capitol Hill, employers must remain vigilant in regard to the United States Department of Labor. The DOL is expected to move forward aggressively with regulatory changes to implement its agenda.
Central to the Wage and Hour Division’s…
USDOL To Announce Proposed Domestic Service Rule Expanding Right To Overtime Pay
By Noel P. Tripp on
As we reported here, the Wage and Hour Division of the U.S. Department of Labor previously announced it would propose a rule regarding the applicability of the companionship exemption to the FLSA’s minimum wage and overtime requirements. This longstanding exemption was the subject of a rare Supreme Court opinion on FLSA issues, in which the…