The FLSA’s “outside sales” exemption from minimum wage and overtime is among the more straightforward exemptions, in that it contains only two requirements: that the employee be “customarily and regularly” away from the employer’s place of business; and that the employee primarily be engaged in making sales. This simple-sounding test does not preclude disputes regarding its
wage
Building Upon Dukes, Supreme Court Imposes Further Limitations on Certification of Rule 23 Class Actions
By Noel P. Tripp on
Posted in Class Actions
While this blog’s focus generally is on the substantive provisions of the Fair Labor Standards Act and state wage-and-hour laws, due to the prevalence of class action litigation, it is sometimes necessary to address procedural issues of importance to wage and hour litigation, such as arbitration agreements. Another important procedural facet of many wage-and-hour litigations…
Arizona, Florida, Six Other States To Raise Minimum Wage For 2012 (And San Francisco, Too)
By Noel P. Tripp on
The state minimum wage is set to increase in eight states at the start of the new year. By statute, many states review and revise their respective minimum wage annually, to reflect changes in the cost of living. San Francisco, one of several municipalities with its own minimum wage law, will also increase its minimum…
Fourth Circuit Rules That Public School Employee Who Volunteered As Golf Coach Was Not Entitled To Minimum Wage Or Overtime
By Noel P. Tripp on
Posted in Coverage
The FLSA limits when an individual can provide services to an organization without compensation. See post dated April 6, 2010 “We Don’t Have to Pay Our Interns – Do We?” However, last month a panel of the Court of Appeals for the Fourth Circuit (including Retired Supreme Court Justice Sandra Day O’Connor sitting…
How Broad is the Ninth Circuit’s Woody Woo Decision?
By Noel P. Tripp on
The Ninth Circuit Court of Appeals recently ruled that the FLSA does not restrict employer-mandated tip-pooling arrangements when no tip credit is taken by the employer against the minimum wage obligation. Cumbie v. Woody Woo, Inc., et al., No. 08-35718 (9th Cir. Feb. 23, 2010). Further, the Court rejected the DOL’s regulation at 29…
New York State Wage Board Approves Revised Hospitality Industry Wage Order
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Posted in New York State
The following report is sent to us from Richard I. Greenberg and Felice B. Ekelman
The New York Department of Labor’s 2009 Restaurant and Hotel Industry Wage Board has submitted its Report and Recommendations to consolidate the individual wage orders for the restaurant and hotel industries into a single Hospitality Industry Wage Order. Commissioner of Labor M. Patricia Smith had convened the Wage Board to recommend changes in the wage and hour regulations that govern restaurant and hotel industry workers following recent modifications to wage rates, gratuities and allowances emanating from the latest increase to the New York minimum wage (see New York Employers Subject to Modified Wage Orders Effective Immediately.
If approved, the September 21, 2009 Wage Board Report and Recommendations would implement many significant changes to existing restaurant and hotel wage orders. Some of these recommendations are summarized after the jump.Continue Reading New York State Wage Board Approves Revised Hospitality Industry Wage Order