Authored by Steve Shardonofsky
A federal judge in Oregon recently gave the Secretary of Labor a very important tip: Just because the FLSA appears to be silent on a particular issue does not give the U.S. Department of Labor authority to fill the gap with regulations. In a June 7, 2013 opinion [here], a district court ruled that … Continue Reading
Co-authored by John W. Egan and Robert Whitman
We reported [here] in November on the Second Circuit’s referral of two important Labor Law questions to the New York Court of Appeals in a challenge to Starbucks’ tip-pooling policy. Briefing is now complete and oral argument is scheduled for next week.
The consolidated appeal, in Barenboim v. Starbucks and … Continue Reading
Co-authored by Arthur J. Rooney and Jeremy W. Stewart
When should a tipped employee no longer be treated as a tipped employee? Plaintiffs’ lawyers argue that restaurants cannot utilize the tip credit, or pay tipped employees a sub-minimum wage, if tipped employees perform any “non-tipped” duties, such as washing dishes or taking out the trash. Earlier this week, a District … Continue Reading