Tag: Fifth Circuit

Tipped Over: Fifth Circuit Vacates the DOL’s Rule for Tipped Employees

By Emily Kesler, Baker Donelson, Zachary Busey, Baker Donelson Oct 16, 2024 HR Management & Compliance

Updated: Oct 16, 2024

The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). This decision is likely one […]

Retaliation in the Workplace: Supreme Court Ruling Is Good News for Employers

By Chris Ceplenski Aug 13, 2013 HR Management & Compliance

Updated: Oct 10, 2013

Retaliation in the workplace is unlawful after an employee has engaged in a protected action. For example, an employer cannot terminate an employee as a retaliatory measure for the employee filing a workers’ compensation claim, taking protected FMLA leave, or filing a complaint over safety issues with OSHA. But what happens when there are a […]

Breastfeeding Employee Entitled to Equal, Not Preferential, Treatment

By Louisiana Employment Law Letter Oct 2, 2009 HR Hero Line

Updated: Oct 2, 2009

The U.S. Fifth Circuit Court of Appeals in New Orleans recently addressed a case in which the employee alleged violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA). The dispute arose when the employee claimed she was given insufficient break time to express breast milk following the […]