On Monday, October 7, 2019, the Department of Labor (DOL) issued new proposed rules regarding the circumstances in which employers may (1) apply a “tip credit” to satisfy their minimum-wage obligations under the Fair Labor Standards Act (“FLSA”) and (2) permit non-tipped employees to participate in mandatory tip-pooling arrangements.
1. The Proposed Rules abolish the
In a development that may be of interest both to those who follow Fair Labor Standards Act (“FLSA”) developments and to those interested in mediation, the U.S. District Court of the Southern District of New York has mandated early mediation for all FLSA cases. The pilot program responds to the surge in FLSA case filings
Most of the commentary on the Supreme Court’s recent decision in Kasten v. Saint-Gobain Performance Plastics, 563 U.S. ___ (2011), available here, has focused on the fact that the Court apparently took a pro-employee, anti-business position by deciding that a relatively informal complaint about the location of a time clock could be considered a