Alabama
Arbitration
Bonuses
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Florida
Massachusetts
Meal and Rest Breaks
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Alabama
Full Eleventh Circuit Finds that Plaintiffs Lack Standing in Alabama Lawsuit Challenging State Prohibition of Local Minimum Wage LawsEleventh Circuit to Undertake Full-Court Review of Challenge to Alabama Law Prohibiting Local Minimum Wage LawsOregon Governor Signs Bill Increasing Oregon’s Minimum Wage Arbitration
Supreme Court Holds Availability of Class Claims Must be Expressly Declared in Arbitration AgreementsJust as with the NLRA, the FLSA Does Not Preclude Collective Action Waivers in Arbitration Agreements, Sixth Circuit HoldsFlorida Federal Court Provides Path for Employer Recovery of Attorney’s Fees in FLSA Cases Bonuses
Third-Party Bonuses Are Not Necessarily “Remuneration” for Overtime Purposes, Third Circuit HoldsCalifornia Supreme Court Adopts State Agency Formula for Calculating Overtime Value of Flat-Sum Bonus, Rejecting Federal ViewSecond Circuit Affirms: Business Not Obligated to Pay $350,000 “Performance” Bonus to Prospective Employee Who Never Worked A Day Class Actions
Supreme Court Holds Availability of Class Claims Must be Expressly Declared in Arbitration AgreementsJust as with the NLRA, the FLSA Does Not Preclude Collective Action Waivers in Arbitration Agreements, Sixth Circuit HoldsBuilding Upon Dukes, Supreme Court Imposes Further Limitations on Certification of Rule 23 Class Actions Coverage
DOL Issues 15-Day Extension of Comment Deadline for Proposed Independent Contractor RuleA Few Out-of-State Telephone Calls Per Week May Be Sufficient to Establish FLSA Coverage, 11th Circuit HoldsTimber Harvesting Company Cannot Escape Overtime Liability, But Commute and Meal Break Time Should Not Have Been Included, Sixth Circuit Holds Damages
Trial Court Properly Applied Rule 68 Offer of Judgment and Reduced Attorney’s Fee Demand in FLSA Case, Eleventh Circuit ConcludesTimber Harvesting Company Cannot Escape Overtime Liability, But Commute and Meal Break Time Should Not Have Been Included, Sixth Circuit HoldsLouisiana Federal Court Rules Half-Time Method Applies to Calculation of Any Alleged Unpaid Overtime and Bonuses Paid Offset Any Potential Liability Exemptions
Supreme Court Considers Whether “Highly Compensated” Employees Paid on a “Day Rate” Basis Are Overtime-Exempt Under FLSACable Technicians Were Exempt Commissioned Employees, Fifth Circuit ConcludesFarm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds Florida
Miami Minimum Wage Ordinance Remains Invalid after Review Denied by Florida Supreme CourtFederal Court In Florida Is Latest To Reject DOL Regulation, Finds FLSA Does Not Require That Employees Receiving Full Minimum Wage Retain All TipsEleventh Circuit Rejects Airline Deregulation Act Preemption Challenge To Living Wage Ordinance Massachusetts
Service Charge or Administrative Fee? A Distinction With a Difference, the Supreme Judicial Court of Massachusetts Holds“Catalyst” Test Applicable to Awarding Attorney’s Fees for State Wage and Hour Claims, Massachusetts Supreme Judicial Court HoldsMassachusetts Law To Prohibit Inquiries Regarding Prior Salary at Interview Meal and Rest Breaks
In-flight Meal Periods for Security Officers Were Not Compensable, Fifth Circuit HoldsNinth Circuit Tosses $102 Million Award Against Walmart Alleging California Wage Statement and Meal Break ViolationsTimber Harvesting Company Cannot Escape Overtime Liability, But Commute and Meal Break Time Should Not Have Been Included, Sixth Circuit Holds Misclassification
Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit HoldsProperty Damage Investigators Are Non-Exempt “Production” Employees, 11th Circuit HoldsForensic Photographer Trainee Takes Shot at Employee Status, But It Doesn't Develop, 11th Circuit Rules Recordkeeping
Ninth Circuit Tosses $102 Million Award Against Walmart Alleging California Wage Statement and Meal Break ViolationsCourt Rejects Nurses’ Generalized Claim of “8 to 12” Uncompensated Hours Based on Employer’s Time Keeping ProtocolsNinth Circuit Upholds Trial Court’s Finding Rejecting Allegation of Unpaid Sixth Day of Work Despite Absence of Employer Records Regular Rate
Bonuses Prompted by Federal Tax Reform and Pay for Charitable Volunteer Time Were Properly Excluded From Employees’ Overtime Calculation, Fourth Circuit HoldsDOL Issues Opinion Letters Regarding Pay Calculations for Teleworkers, In-Home CaregiversDOL Issues New Opinion Letters Revolving Around the FLSA’s “Regular Rate”