2/11/25
By: Shane Miller
In Pennsylvania, New Jersey, and Delaware, employers must compensate employees for work-related travel during the workday, including travel time from one job site to another. Employers may face significant monetary penalties if they fail to do so.…
California appellate court rejects “Headless PAGA” as a way to avoid arbitration
1/13/25
By: John K. Rubiner
At the very end of 2024, the California Court of Appeal for the Second District issued its opinion in Leeper v. Shipt (Cal. App. December 30, 2024) 2024 WL 5251619. This is an important case concerning …
Federal judge invalidates DOL salary threshold changes
11/18/24
On Friday, November 15, 2024, the United States District Court for the Eastern District of Texas struck down the Department of Labor’s final rule increasing the minimum salary thresholds for workers to be considered exempt from …
NCAA student-athletes may be employees under the FLSA
7/23/24
By: Noël Couch
The debate over whether college athletes should be paid has grown commonplace and contentious over the past decade as the business of college sports has thrived amid billion dollar television contracts and while coaches are receiving similarly …
5/8/24
By: Kevin G. Kenneally and Brendan M. Collins
Recently, Attorney Sunshine R. Fellows from FMG’s Pittsburgh office reported about the 3-2 approval by the U.S. Federal Trade Commission (“FTC”) of a final rule (the “Rule”) banning virtually all new non-compete …
DOL releases final rule increasing salary threshold for overtime eligibility
4/24/24
On Tuesday, April 23, 2024, the U.S. Department of Labor issued its long-anticipated final rule raising the salary thresholds for overtime exemptions. The final rule, which could take effect this summer, will significantly increase the salary …
Overalls and overtime: compensation for donning and doffing after Tyger v. Precision Drilling Corp.
11/20/23
By: Edward Patrick Pozo, Nicole T. DuGan, and Justin J. Boron
Recently, the Third Circuit Court of Appeals analyzed when donning and doffing activities will be compensable under the Fair Labor Standards Act (“FLSA”). Tyger v. Precision Drilling …
Is Time Rounding the Next Employment Practice to Fall in California?
11/21/22
By: Craig Tomlins
For years, state and federal courts, as well as administrative agencies, have allowed California employers to use time rounding policies so long as they are neutral on their face and neutral as applied. Because of this, many …
8/29/22
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …
New tip credit rules hit PA restaurant and service industry employers
8/25/22
By: Justin Boron
Pennsylvania has upped the ante on the restaurant industry.
Earlier this month, new regulations took effect aimed at regulating how employers pay tipped employees in restaurants and other service industry employees.
The regulations include the following:
Can Parties Agree to Broad Appellate Rights of Arbitration Awards?
3/21/22
The benefits of resolving civil disputes through binding arbitration are the subject of constant debate. The primary arguments favoring arbitration are that it is faster and cheaper than going to court, a “knowledgeable” arbitrator can decide …
9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.”
The decision is a huge loss …