We’re Not Done Yet! FLSA2018-19

DOLThe Department of Labor’s Wage and Hour Division (WHD) have been busy bees!  The newest opinion letter, written by Acting Administrator Bryan L. Jarrett, provides insight into how to compensate employees who take numerous FMLA-protected breaks throughout the day (FLSA2018-19). Continue reading

Wage and Hour Update: New Opinion Letters

DOL_Timesheet_appThe Department of Labor’s Wage and Hour Division (WHD) resumed their practice of issuing opinion letters in 2017. Since then, they have issued several, including one last spring that pertained to paid travel time when attending a conference or other work-related matter (FLSA2018-18). Continue reading

Local Case of Note: DDOL Wins Summary Judgment

The Case

deptoflaborThe Third Circuit recently had the opportunity to rule on a case brought against the Delaware Department of Labor’s Office of Anti-Discrimination (“OAD”), by its former Acting Administrator. The OAD was awarded summary judgment, and the Third Circuit confirmed the award, holding that even accepting all of the employee’s allegations as true, there was no legal basis to conclude that OAD had violated the federal Equal Pay Act. Continue reading

Paid Leave 2.0: Why Some Companies are Paying Their Workers to Quit

ca$h moneyHave you ever started a job and realized that it was not what you thought it would be? Or have you ever hired someone who seemed like a perfect fit in the interview and then was a total dud when they were on the job? Most of us have.  But in a novel approach, some companies have taken charge and started to pay their employees to quit. Continue reading

Life after Epic Systems: Almost 3000 Workers Are Dropped from Chipotle’s Wage Suit

chipotle picWhen the Supreme Court ruled on Epic Systems v. Lewis on May 21, 2018, they altered how cases involving collective action would play out. We are currently seeing the results of the Court’s decision in the case of Turner et al v. Chipotle Mexican Grill, Inc. Continue reading

Big Legislative Takeaways for Delaware

Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Continue reading

Waiting for Wages: Washington, DC Votes to Eliminate Two-Tier Minimum Wage

ReceiptIt’s Hard Out There for a Tip

Life as a waiter is hard. Rude customers, surviving the lunch rush, and then you get stiffed on a tip.  While it’s an afterthought for many of us as diners, tips are a waiter’s livelihood.  For those who have never waited a table or processed payroll for a hospitality business, here’s a secret:  waiters aren’t entitled to the same minimum wage as everyone else in the United States. Continue reading