Judge Refuses To Dismiss Domino’s Collective Action Without Seeing Settlement Agreement

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Russell Jackson

On May 17, 2019, Judge Renee Marie Bumb of the United States District Court for the District of New Jersey rejected the parties’ request to dismiss a Fair Labor Standards Act (“FLSA”) lawsuit without the Judge’s review of the settlement agreements.  In doing so, the District Court ordered defendants to submit the settlement agreement reached with the named plaintiff or attest that no agreement covering FLSA claims exists.  The case is Kessler v. Joarder Props., LLC, 2019 U.S. Dist. LEXIS 83571 (D.N.J. May 17, 2019) and is a reminder for employers engaged in FLSA litigation that obtaining court approval is a requirement before dismissal of the action is proper. Continue reading

How Many Benefits are Included in the Calculation of Regular Rate? The World May Never Know

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Louis Britt

On March 28, 2019, the Department of Labor (“DOL”) issued a lengthy and detailed Notice of Proposed Rulemaking (“NPRM”) to revise the regulations governing how employers should calculate “regular rate” under the Fair Labor Standards Act (“FLSA”). Upon release, the DOL set a deadline for public notice and comment of May 28, 2019. However, citing the interest expressed by “law firms, unions, and advocacy organizations,” the DOL extended the period for public comment to June 12, 2019. Continue reading

Michigan Legislature Alters the Minimum Wage

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Valerie Ferrier

In the past few years, in order to keep pace with their relative costs of living, states and localities across the country have increased their minimum wage in excess of the federal rate, which has remained unchanged at $7.25 per hour for the past decade. Last year, the One Fair Wage campaign, which promotes an increase in the minimum wage, particularly for restaurant workers who depend on tips for most of their income, supported a citizen-driven ballot measure that would have increased Michigan’s minimum wage to $12 per hour by 2022. The state’s minimum wage, as of 2018, was $9.25 per hour. Continue reading

The Writing is on the Wall: A $15 Minimum Wage Edges Toward the New Normal

Ferrier, Valerie - 300dpi
Valerie Ferrier

Executive Summary: As Democrats take over the House of Representatives this month, some will be pushing to increase the federal minimum wage, which has remained stagnant at $7.25 per hour for the past decade. Not content to wait for Congress, the “Fight for 15” movement has scored victories throughout the country by increasing wages locally. Many states and localities will be or have already begun raising the minimum wage incrementally until they reach $15. Against this shifting backdrop, employers with operations in multiple cities need to be aware of different minimum wage rates that may be applicable in certain localities, even if such rates differ from those in the rest of the state.

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18 States Set to Ring in the New Year with Minimum Wage Increases

Wage Hour - social, smallExecutive Summary: With 2018 winding down, employers should be prepared for the minimum wage increases that are expected in the New Year. Even though the federal minimum wage has stagnated at $7.25 per hour since 2009, state legislatures have been active in increasing their respective minimum wage rates. In 2019, 21 states will increase their state’s minimum wage rate, with 18 of those increases taking effect on New Year’s Day or New Year’s Eve. Continue reading