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Courts continue to wrestle with preemption issues, the tension between sweeping federal laws purporting to regulate an industry or industries and laws enacted at the local level, such as labor laws impacting labor costs. In the most recent example, the Court of Appeals for the Eleventh Circuit rejected a cargo airline’s argument that the Airline…

The California Supreme Court’s 2012 decision in Sullivan v. Oracle signaled, but did not conclusively rule, that no circumstances could support a California Labor Code claim by an employee working outside the State of California.  However, a new California federal court decision emphatically holds that the application of California’s Labor Code should end at the…

In cases challenging participation of food service workers other than the quintessential roles with which most diners are familiar (e.g., server/waiter, busboy, etc.) in tip sharing/pooling/splitting arrangements, some courts focus on whether  the position lacked sufficient direct customer interaction to warrant receipt of tips.  See generally Kilgore v. Outback Steakhouse, 160 F.3d…

As we consistently explain, state wage and hour laws do not always follow the FLSA in regard to determining exempt status and issues pertaining to calculation of overtime.  State law is often unclear on these issues, and state courts and departments of labor often provide only limited guidance.  In a new decision, one Connecticut state…

Employers must not only ensure compliance with the federal minimum wage but also any applicable state minimum wage.  Nevada’s minimum wage is dependent on whether an employer offers qualified health insurance benefits.  Effective July 1, 2010, the Nevada minimum wage increases to $8.25 per hour for employers that do not offer qualified health insurance benefits…