Document(s) published by this organization: 198
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|Ninth Circuit Holds Service Advisors Non-Exempt Under FLSA Dealership "Salesman" Exemption; Section 7(i) Exemption Is Still Available|
Colin P. Calvert, Todd B. Scherwin; Fisher & Phillips LLP;
April 7, 2015, previously published on March 25, 2015The Ninth Circuit U.S. Court of Appeals (with jurisdiction over the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has ruled in Navarro v. Encino Motorcars, LLC that Service Advisors employed by automobile dealerships do not qualify for the Section...
|Unions Unleash Safety Attacks on Fast Food Restaurants|
Howard A. Mavity; Fisher & Phillips LLP;
March 25, 2015, previously published on March 17, 2015Yesterday was one of those occasions when I wish that my predictions had been inaccurate. I have speculated that the SEIU and other unions harassing fast food restaurants would eventually add mass OSHA complaints to their joint employer, discrimination, living wage, and other attacks. Yesterday,...
|Court Rejects Kentucky Wage-Hour Representative Actions|
Timothy J. Weatherholt; Fisher & Phillips LLP;
March 24, 2015, previously published on March 20, 2015The Kentucky Wages and Hours Act provides the mechanism for pursuing redress for minimum-wage or overtime violations under that law. KRS 337.385 provides, in pertinent part, that "[s]uch action may be maintained in any court of competent jurisdiction by any one (1) or more employees for and...
|Shifting Landscape: The Evolving Definition of Joint Employers|
Gregory D. Hanscom; Fisher & Phillips LLP;
March 24, 2015, previously published on March 18, 2015The National Labor Relations Board and various union-backed organizations are ratcheting up efforts aimed at changing the landscape of who qualifies as a joint employer. Right now, these aggressive efforts are most pronounced in the franchise industry where the NLRB and other organizations continue...
|Congress Has Spoken Mr. President - No Quickies|
Lori Armstrong Halber; Fisher & Phillips LLP;
March 24, 2015, previously published on March 19, 2015In the words of House Education and the Workforce Committee Chairman John Kline (R-MN), “Today, Congress voted to stop an unelected board of bureaucrats from trampling on the rights of America’s workers and job creators.” The House voted today to join the Senate and send a...
|Employment Law in Switzerland: Part III|
Amanda K. Caldwell; Fisher & Phillips LLP;
March 24, 2015, previously published on March 4, 2015This article is the third in a series which will provide an introduction to employment law in Switzerland and will cover the basic laws applicable to prohibitions against discrimination and harassment and the remedies available to employees who prevail in actions against their employers for...
|"Predictable Scheduling": An Undiscovered FLSA "Right"?|
John E. Thompson; Fisher & Phillips LLP;
March 24, 2015, previously published on January 29, 2015U.S. Wage and Hour Administrator David Weil reportedly has said that the Division is "looking very actively at" the question of whether workers should be legally entitled to "predictable scheduling". In recounting Mr. Weil's statements in a recent interview, Daily Labor Report...
|Employment Law in Indonesia: Part I|
Robert Fallah, x; Fisher & Phillips LLP;
March 24, 2015, previously published on March 10, 2015Indonesia is a democratic republic with a population of approximately 240 million people scattered across the more than 17,000 islands which make up its 34 provinces. A former Dutch colony, Indonesia gained independence in 1945 and has since become a member of the G-20. Although still largely an...
|"No Opinion Letters" Policy Reaffirmed|
John E. Thompson; Fisher Phillips LLP;
March 24, 2015, previously published on March 16, 2015From the federal Fair Labor Standards Act's inception in 1938, employers sought, and officials of the U.S. Labor Department's Wage and Hour Division provided, official written explanations of how that law works in particular situations. These "opinion letters" served as an important...
|"Tipped Minimum Wage" Nonsense Continues|
John E. Thompson; Fisher Phillips LLP;
March 24, 2015, previously published on February 16, 2015A recent post appearing on U.S. Labor Department's blog begins, "The federal tipped minimum wage has been $2.13/hour since 1991. That's right - it's been the same for nearly a quarter century."