Congratulations to our partner, Christopher T. Vrountas, for being selected for the fourth year in a row as a SuperLawyer® in the area of Labor & Employment, in the 2019 edition of the New England SuperLawyers® Magazine. A full description of Chris’s law practice and a list of the multiple jurisdictions of admissions, can be … Read more
Just last week, a jury in Wisconsin ordered Walmart to pay $5.2 Million to a former employee for disability discrimination based on the company’s decision to stop providing a job coach for one of its store employees. It was a stunning decision that should give employers pause. The EEOC brought the action against Walmart on … Read more
As noted in a prior post, employers should be aware that in late September, the DOL published a Final Rule that expands overtime coverage to over a million workers in America, or alternatively will result in those workers getting a pay raise. As expected, the Final Rule increases the salary that employers must pay certain … Read more
The United States Department of Labor has taken the next step to change the law concerning the tip credit, an important matter for restaurant and other hospitality businesses. Here is the latest: On October 7, 2019, the DOL also took the next step to implement new rules concerning when employers with tipped employees can pay … Read more
On October 1, 2019. the 9th Circuit affirmed summary judgment in favor of McDonald’s, the franchisor, stating that the company did not control the franchisee enough to be liable for the wage and hour claims brought by the franchisee’s employees. While it is under California law, it is significant as the concepts are similar. See … Read more
On September 24, 2019, the United States Department of Labor announced its Final Rule to change the salary basis test, which is an integral test used by the DOL to determine whether certain employees shall be considered “exempt” from the protections of the Fair Labor Standards Act concerning minimum wage and overtime pay. Briefly, in … Read more
Another Labor Day has passed, but don’t let new developments in the market for labor pass you by without notice. The New York Times recently reported that apps such as Pared and Instawork are the latest inroads the gig economy has made into the restaurant industry. Briefly, these apps are helping restaurants fill gaps in … Read more
Title VII’s requirement that an employee must file a charge of discrimination with the Equal Employment Opportunity Commission before he or she may file a lawsuit in court is a “claims processing” rule and not a “jurisdictional” rule says the Supreme Court of the United States. In a case called Fort Bend County Texas v. … Read more
There have been some recent developments in state and federal law that may affect employers in New Hampshire set forth below: New Hampshire Amends Youth Night Work Statute Employers in New Hampshire should be aware that the legislature just recently passed amendments to the laws concerning youth night work. Effective July 14, 2019, the new … Read more
The United States Department of Labor has made its next move in the continuing policy battle concerning when restaurants can pay service employees the tip credit wage. While at first glance this may seem like a positive change for the restaurant industry, it remains unclear whether the Courts will give the new guidance deference. As … Read more