MLB Minor Leaguers Strike Out on Minimum Wage Lawsuit

A federal judge has decertified the collective of former minor league players suing Major League Baseball (MLB) over minimum wage claims, and he has also denied their certification as a class action. Lawyers representing the former minor leaguers vowed to appeal. U.S. Magistrate Joseph Spero of the Northern District of California made the ruling July […]

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Virginia Becomes 31st State to Join DOL in Combatting Misclassification

The Wage and Hour Division (WHD) of the Department of Labor (DOL) and the Virginia Employment Commission have signed a three-year Memorandum of Understanding (MOU) intended to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. The two agencies announced they will provide clear, accurate and easy-to-access outreach to employers, employees […]

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Wendy’s to Replace Order Takers with Self-Service Kiosks

In response to rising minimum wage standards in many states, Wendy’s the fast food chain is rolling out self-service kiosks for customers to punch in their orders, replacing human order takers. The kiosks will be available at Wendy’s 6,000 nationwide locations in the second half of this year, but it will be up to franchisees […]

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Overtime Final Rule Still Under Attack While at OMB

The final rule setting a new salary threshold for overtime exemptions, now under review by the Office of Management and Budget (OMB), is still being attacked as overly aggressive by business groups. The final rule reached OMB March 17. Since then, OMB has held 22 meetings with business groups seeking to tone down the rule. […]

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AGs Go After Firms with ‘On-Call’ Worker Policies

Attorneys-general from eight states, including California, have collaborated in an effort to rein in on-call worker policies that leave employees dangling and unable to do anything while waiting for a call to work that might never come. On-call policies demand that employees remain free to be summonsed to work if needed. The AGs sent a […]

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Oregon Tinkers with Tiered Minimum Wage Structure

The Oregon legislature has passed a plan to raise the state minimum wage in a tiered structure that sees employees in Portland earning $14.75 an hour, those in Salem, Eugene and other smaller cities $13.50, and those in the hinterlands $12.50 — all by 2022. Gov. Kate Brown, in a statement, said she is prepared […]

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Federal Judge Dismisses College-Athletes-Are-Employees Claim

A federal judge in Indianapolis this week threw out a lawsuit by student athletes against more than 100 Division I colleges and universities, alleging they were employees under the Fair Labor Standards Act (FLSA) deserving of being paid the minimum wage. U.S. District Court Judge William T. Lawrence ruled against the athletes, writing: “The question is not […]

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DOL Launches West Coast Restaurant Sweep to Enforce Wage and Hour Laws

The Wage and Hour Division (WHD) of the Department of Labor (DOL) has launched an education and enforcement initiative on the West Coast and in surrounding areas aimed at ensuring workers at fast food establishments are being paid the proper minimum wage and overtime. Investigations completed in the last five quarters nationwide have resulted in […]

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FLSA Lawsuits Break Record in 2015

According to the Federal Judicial Center, lawsuits arising from violations of the wage and hour provisions of the Fair Labor Standards Act (FLSA) totaled 8,781 in the fiscal year ending this past Sept. 30. That was up from 8,160 in FY 2014, a 7.6 percent increase. Legal observers expect the total to keep rising this […]

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Seattle Franchise Owners Seek SCOTUS Help on $15 Minimum Wage

The International Franchise Association (IFA) yesterday appealed to the U.S. Supreme Court to overturn a federal court ruling that let stand a city minimum-wage provision lumping franchise owners in with their national franchisers. As a result of that provision, Seattle franchisees are on the hook to raise their minimum wage to $15 an hour faster than companies […]

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