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U.S. DOL Wins Latest Battle in War with Restaurant Associations Over the Tipped Employee ‘80/20’ Rule

In Restaurant Law Center et al. v. US Department of Labor, Case 1:21-cv-01106-RP (W.D. Tex. July 6, 2023), the Texas Federal District Court granted summary judgment in favor of the Department of Labor (DOL), upholding the DOL’s December 2021 regulations on the “80/20 Rule,” denying the plaintiffs’ summary judgment motion, and refusing to enter the requested […]

Take Steps to Ensure WARN Act Compliance in the Age of Remote Work

As remote work arrangements proliferate, it’s crucial for employers to remain compliant with legal obligations, including those outlined in federal and state Worker Adjustment and Retraining Notification (WARN) acts. State WARN acts are sometimes called “mini-WARN” laws. Generally, WARN laws require a covered employer to provide substantial notice (60 days for the federal statute) to […]

Supreme Court Won’t Review FLSA Whistleblower Case

The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a human resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as he or she is not responsible for compliance with the law.

Despite Progress, Lack of College Degree Still Carries Stigma Among Many Employers 

A college degree doesn’t seem to have the same bang for its buck as it once did. In addition to exploding costs, many Americans are questioning the very need for a college degree in many fields.  Formerly Valued  In the second half of the 20th century, a college education was almost synonymous with future success. […]

More Q&As on LOTO

Q. Can a duplicate key for the purpose of lock removal under LOTO be held in a secure area with a procedure in place for access to the key and returning the key that does not jeopardize the employee’s safety? A. Here is a paragraph from an OSHA letter of interpretation dated February 28, 2000, […]

Companies’ Online Recruiting Should Comply with Other State Laws

During the pandemic, both employers and employees discovered that remote work could benefit them. Allowing remote work has expanded employers’ pool of applicants nationwide. Despite the advantages of a bigger pool of candidates and cost savings, we’re beginning to see cases stemming from employers’ inadvertent violations of other states’ laws when making work available to […]

Retaliation: Ninth Circuit Rules on ‘Cat’s Paw’ Liability; How to Ensure That One Supervisor’s Bias Doesn’t Taint Another’s Decisions

In an old fable, a monkey convinces an unwitting cat to scoop out chestnuts from a burning fire. As the cat gathers the chestnuts one by one—and burns its paws in the process—the monkey, unbeknownst to the cat, eagerly gobbles them down. Borrowing from this story, courts have used the term “cat’s paw” to describe […]

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists, adoring fans, and a slew of ex-girlfriends that he would never, ever tie the knot a second time. Apparently, George also had a change of […]