Tag Archives: wage

Fifth Circuit Upholds Outside Sales Classification

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 … Continue Reading

Building Upon Dukes, Supreme Court Imposes Further Limitations on Certification of Rule 23 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 is … Continue Reading

Arizona, Florida, Six Other States To Raise Minimum Wage For 2012 (And San Francisco, Too)

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 … Continue Reading

Fourth Circuit Rules That Public School Employee Who Volunteered As Golf Coach Was Not Entitled To Minimum Wage Or Overtime

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 by designation) re-confirmed … Continue Reading

How Broad is the Ninth Circuit’s Woody Woo Decision?

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 C.F.R. … Continue Reading

New York State Wage Board Approves Revised Hospitality Industry Wage Order

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 … Continue Reading
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