Tag: wage and hour

arbitration

1st Circuit Reminds Employers to Ensure All Parties Have Agreed to Arbitration

Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]

3 Steps to Protect Information While Leveraging Social Media

The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. According to the survey, social media is primarily used to attract passive job candidates, but, according to Brian R. Garrison, Esq.—partner with the law firm […]

Maryland

Maryland Restaurant Can’t Shift Liability for Wage Claim to Manager

Maryland’s federal court was recently faced with an unusual scenario when a company being sued for wage and hour violations attempted to bring one of its managers into the litigation, arguing he was also an “employer” under the law and was therefore responsible for a portion of any judgment against the company and its owners. Let’s take a closer look at this interesting case.

Maine

Overtime and FLSA: Maine Employer Cheesed Off by Comma Drama

“Who gives [an expletive] about an Oxford comma?” muses the band Vampire Weekend in a hit song. After a recent decision from the 1st Circuit (which covers Maine, Massachusetts, New Hampshire, and Rhode Island), I’m sure Oakhurst Dairy cares about the issue quite a bit.

recovery

New Report Examines Trends in Wage and Hour Class Action Suits, Settlements

Seyfarth Shaw LLP has released its 13th annual edition of the Workplace Class Action Litigation Report, which offers a complete guide to complex workplace-related litigation. In this year’s report, Seyfarth analyzed 1,331 class action rulings on a circuit-by-circuit and state-by-state basis to capture key themes from 2016 and emerging litigation trends facing U.S. companies in […]

class action lawsuit

California’s Top 5 Wage and Hour Risks

The new federal overtime rules, the misclassification of employees, and recordkeeping are among the top five wage and hour risks employers in California face, according to California attorney Marc Jacuzzi of the law firm Simpson, Garrity, Innes & Jacuzzi, PC.

Supreme Court Won’t Review FLSA Whistleblower Case

The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a human resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as he or she is not responsible for compliance with the law.