Commentary

Tipping Point

Whether – and how – employers should be allowed to pay employees who receive tips less than the minimum wage remains a hotly debated issue. Federal law permits employers to take a “tip credit” and pay tipped employees as little as $2.13 per hour if they satisfy certain prerequisites defined under the Fair Labor Standards Act (“FLSA”), its implementing regulations and interpretive guidance issued by the U.S. Department of Labor (“DOL”). However, seven states do not permit any tip credit and thus, require employers to pay tipped employees the full minimum wage in addition to tips. Another twenty-five states permit some tip credit, but not as much as under federal law, requiring employers to pay tipped employees a wage between $2.13 and minimum wage. See DOL Website: https://www.dol.gov/whd/state/tipped.htm (detailing state by state requirements).

Florida NELA – FLSA Update

This paper is an update summarizing decisions, regulations, and interpretations effecting claims brought under the Fair Labor Standards Act and Florida Constitution, Article X, Section 24. Specifically, this paper focuses on legal developments related to (1) tipped employees and (2) employees regularly misclassified as independent contractors. It also provides an update on the DOL’s new regulations effective December 1, 2016 changing who will be exempt under the overtime exemptions.

Use of Experts in Wage & Hour Cases

This paper serves as a review of the commentary and case law developing on two key changes to Rule 26 and to evaluate whether these changes will facilitate the candid exchange of information with experts that the Rule aimed to foster..

A Day in the Life of FLSA Collective Action

This paper provides an overview of FLSA collective action cases.

216 (b) v Rule 23 Certification & Enterprise Coverage

This paper addresses two topics: 1) 216(b) collective action certification versus Rule 23 class action certification, and 2) enterprise coverage under the FLSA.

FLSA Hot and Developing Areas and Update on Enterprise Coverage

This paper provides information and updates on several FLSA topics including the treatment of independent contractors, tipped employees, pharmaceutical representatives, and employees paid pursuant to the fluctuating work week. This paper also includes an analysis of the recent Eleventh Circuit decision from the consolidated appeals in Polycarpe v. E & S Landscaping Service, Inc., 2010 U.S. App. LEXIS 18171 (11th Cir. Aug. 31, 2010), which clarified the parameters of the FLSA enterprise coverage.

Wage and Hour Class Actions Under Florida Law

This paper reviews the current state of bringing class actions in Florida under the Florida minimum wage law and under common law theories..

Florida Constitutional Minimum Wage Guarantee & FLSA Update on Enterprise Coverage, Fluctuating Work Week Calculations, and Attorneys’ Fees

This paper provides an overview of Florida’s Minimum Wage law enacted on May 2, 2005, and an update on enterprise coverage, fluctuating work week calculations, and attorneys’ fees’ issues arising in FLSA cases.

Compensation of Waiting Time, Rest & Meal periods & Training Under FLSA

Criteria for determining if employees are entitled to pay for waiting time, rest and meal period time and training time under the FLSA.

Collective Action Dos & Dont's & Florida Minimum Wage Act Update

Tips for attorneys bringing collective actions for unpaid minimum or overtime wages under FLSA and for class actions under the Florida Minimum Wage Act.

Use of Expert Testimony

Guidelines for attorneys on the use of expert witnesses in lawsuits for minimum wage and overtime.

The Wage and Hour, Field Assistance Bulletin, No. 2007-2 Acknowledges Change in MCA Coverage for Drivers of Light-Weight Vehicles

Update identifies drivers who are entitled to overtime compensation as result of the SAFETEA-LU amendment narrowing of the Motor Carrier Act (MCA) exemption to exclude lightweight pick-up trucks and automobiles weighing less than 10,001 pounds. Discusses history of the MCA and provides a congressional update on the MCA.

Choosing Your Arena: State Versus Federal

Comparison of the Florida minimum wage guarantee under the Florida Constitution with the Fair Labor Standards Act (FLSA). Includes discussion on the differences between Federal discovery and Florida state court discovery, as well as evidentiary rule differences.

Update on the Fair Labor Standards Act and Related Issues

Update on wage and hour issues under the Fair Labor Standards Act (FLSA). Includes case law regarding certification of § 216(b) opt-in collective actions for minimum wage and overtime, class actions for minimum wage under Florida’s Minimum Wage Act, waiver and release issues under FLSA, mootness issues in collective actions, and avoidance of affirmative defenses.

Strategies for Mediating Your Wage & Hour Action

Guide to mediation of collective action cases for minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). Guidance as to when you should mediate, what information to share prior to mediation, how to prepare for mediation, what should be covered in a mediation brief, effectively advocating at mediation, and how to conclude the mediation.

Equal Pay Act - Recent Developments

Synopsis of recent Equal Pay Act (EPA) cases addressing EPA coverage, Statute of Limitations, Burdens of Proof, Affirmative Defenses, Pretext, Eleventh Amendment Immunity, and Class Action Issues.

Guidelines For Executive Employment Contracts

Guide to drafting executive employment agreements. Discusses including terms of employment, duties & authority, compensation and benefits, provisions regarding separation or termination, severance agreements, post-employment provisions and consideration of other factors such as arbitration clauses, the Sarbanes-Oxley Act, and attorneys’ fees.

How To Identify Employment Related Class and Collective Actions

Guide to identifying class and collective action claims under Title VII, ERISA, and WARN Act and collective action claims under the Fair Labor Standards Act (FLSA), Equal Pay Act (EPA), and the Age Discrimination in Employment Act (ADEA). Includes Rule 23 updates and tips on selecting representative plaintiffs plus case compendium on certification of class or collective actions.

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