Non-Kosher Provisions in FLSA Settlements in the Second Circuit

Shooman, Jeff - 300dpi
Jeffrey Shooman

I came across a short court order a few days ago that admonished settling parties in an FLSA suit for including an impermissible provision in the settlement.  Vasquez v. T&W Rest., Inc., 2019 U.S. Dist. LEXIS 121129 (S.D.N.Y. July 19, 2019).  In the opinion, Magistrate Judge Pitman reminded the parties that “provision[s] prohibiting the re-employment of plaintiff . . . are not permissible in an FLSA settlement.”  Continue reading

Chicago Passes Ordinance Requiring Employers to Provide Predictive Scheduling for Certain Industries

In the most expansive predictive scheduling law in the country to date, Chicago City officials passed the “Fair Workweek Ordinance” on July 24, 2019, and Mayor Lori Lightfoot has indicated she would quickly sign the Ordinance. The Ordinance provides extensive protection for certain employees with regard to advance scheduling of work. Although employers have some time to get used to the idea, by July 1, 2020, they will need to have a firm plan in place to address this new Ordinance. Continue reading

San Antonio Postpones Its Paid Sick Leave Ordinance and Legal Challenge to Dallas’ Ordinance Imminent

In response to the lawsuit filed against the City of San Antonio regarding its paid sick leave ordinance, the City of San Antonio has agreed to postpone implementation of the ordinance until December 1, 2019. A Bexar County judge signed the agreed order on July 24, 2019. Accordingly, employers with San Antonio employees have been given a few months before they must enact paid sick leave policies for San Antonio employees (subject to any decision by the Texas Supreme Court on this issue). Continue reading

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty Time Spent In Vehicles

Executive Summary: Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. Due to the ongoing driver shortage, drivers’ rates far exceed the minimum wage, especially when considering the Motor Carrier Safety Act limits on-duty hours to 60 per week. So it’s no surprise that many motor carriers were caught off guard when federal courts found them liable for not paying minimum wage because they failed to count the time drivers spent sleeping as hours worked. In guidance issued July 22, 2019 the United States Department of Labor (DOL) addressed the circumstances when time in the sleeper berth is compensable and shifted the burden to drivers to prove they were performing compensable work in the berth, providing “straightforward” guidance for the motor carrier industry and a defense to the minimum wage claims. Continue reading

U.S. Women’s Soccer Team’s Equal Pay Fight Continues As They Defend Their Title As World Champions

Gray, Kristin - 300dpi
Kristin Gray

On March 8, 2019, all 28 players on the women’s national team, initiated a proposed class and collective action in the United States District Court for the Central District of California against the United States Soccer Federation alleging discrimination based on sex in violation of the Equal Pay Act (“EPA”) and Title VII of the Civil Rights Act of 1964, as amended (“Title VII”).  Notably, the players chose to file suit on International Women’s Day, which is intended to celebrate the social, economic, cultural, and political achievements of women, as well as to raise awareness of gender equality issues.  Their fight continues as they defend their title as world champions at the World Cup. Continue reading