Published: November 19, 2018

On November 8, 2018, the Department of Labor (DOL) issued an Opinion Letter eliminating the “80/20” rule for tipped employees.  Under the Fair Labor Standards Act (FLSA), employers may pay tipped employees reduced wages and claim a tip credit to make up the difference between the reduced cash wage and the federal minimum wage. See 29 U.S.C. § 203.  An employee is “tipped” when he or she is “engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips.” Id. 

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Published: August 29, 2018

As discussed in a prior blog, the State of New York passed anti-sexual harassment legislation earlier this year that expanded coverage of the non-discrimination law to non-employees (e.g., contractors, vendors, consultants) and prohibited things such as mandatory arbitration of sexual harassment claims and non-disclosure provisions in settlement agreements for sexual harassment claims.

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Published: May 10, 2018

On May 3, 2018, New Jersey Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification (the "Task Force").  New Jersey already applies the more onerous "ABC test" for classification of a worker as an independent contractor.  Now Governor Murphy has created a Task Force to specifically focus on this issue, stating that  misclassifying employees as independent contractors "deprives New Jersey workers of important legal rights and protections as well as certain employment-related benefits," and harms law-abiding business and the state

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Published: May 7, 2018

On April 12, 2018, the DOL released a new Fact Sheet relating to overtime pay at higher education institutions.  The Fact Sheet confirms what many institutions viewed as a grey area—whether faculty teaching online or remotely are properly classified as exempt under the FLSA.  The Fact Sheet states that, so long as the faculty member’s actual job duties meet the teacher exemption, the faculty member will be exempt.

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Published: April 18, 2018

The Wage and Hour Division of the U.S. Department of Labor issued three opinion letters on April 12, 2018, on the topics of compensation for health-related breaks under the Fair Labor Standards Act, compensation for travel time for hourly workers under the FLSA, and what types of lump-sum payments can be garnished under the Consumer Credit Protection Act. Opinion letters give the WHD the opportunity to provide guidance on specific questions received from the business community.

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Published: April 3, 2018

On March 29, 2018, the New Jersey Appellate Decision issued an opinion which clarifies and expands rights to unemployment benefits to certain employees who voluntarily resign from their positions in the face of imminent employment termination. Previously, if an employee voluntary quit his or her job in New Jersey, then that employee was not eligible to receive unemployment compensation benefits. However, the court’s decision in Cottman v.

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Published: October 31, 2017

On October 30, 2017, the Department of Labor (“DOL”) alerted Texas U.S. District Judge Amos Mazzant that it planned to challenge his August 31, 2017 order invalidating the Obama administration’s controversial 2016 overtime rule. The rule would have significantly expanded the number of executive, administrative and professional (“EAP”) workers eligible for overtime under the Fair Labor Standards Act (“FLSA”) by doubling the minimum salary required to qualify for overtime exemption from $23,660, to roughly $47,000 annually.

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Published: August 31, 2017

In a long awaited decision, a Texas federal judge struck down the Fair Labor Standards Act (“FLSA”) overtime rule finding that the Department of Labor (“DOL”) exceeded its delegated authority. The rule, which was blocked by injunction in November 2016, was set to raise the white collar exemption minimum salary requirement from $23,660 per year to $47,476 per year effective December 1, 2016.
 

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