I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy.
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Restaurant Industry
Puzder Denies He Will Withdraw Name from Consideration for DOL Secretary
Although Andrew Puzder, the fast food executive who has been named as the nominee for Secretary of Labor, has indicated that he is “looking forward” to his confirmation hearing, there…
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Proposed New Jersey Law Would Augment Tipped Worker Wages
In restaurants and diners, an employer may take a tip credit against the minimum wage. That means that the employer pays a wage of $2.13 per hour to the employee…
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No Steak Sauce For Steak N Shake Workers As Judge Rejects Class Action: No Common Policy Or Practice
I happily note that a positive trend, in my view, is continuing. That is to say, the defeating of FLSA collective actions by defendants asserting that there is not enough…
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The U.S. Department of Labor Has A “Beef” With Arby’s Calculation of Overtime Pay
Last week, the U.S. Department of Labor (“DOL”) announced that United States Beef Corp., doing business as Arby’s, has agreed to pay back wages in the amount of $55,838…
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Trial Tactic Of Introducing Exemption Defense Disallowed: A Valuable Lesson For Employers
I have often preached that the administrative exemption is the toughest one to prove. It is even more difficult when that exemption defense is not raised either in the Answer…
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Tip Pool Cases Abound: The Danger For Restaurant Employers
A group of employees has filed a lawsuit against a high-end Greek restaurant situate in the vacation haven of the Hamptons. The plaintiffs, servers, are alleging that the employer improperly…
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