Servers and bartenders employed at Applebee International, Inc.’s restaurants brought a class action suit under the Fair Labor Standards Act (FLSA) based on Applebee’s use of the “tip credit” to calculate their wages for purposes of meeting the minimum wage … Continue reading →

The California Supreme Court has issued a decision in Harris v. Superior Court (Liberty Mutual Insurance Company) regarding whether certain insurance company claims adjusters are administrative exempt employees under the California Labor Code and the Industrial Welfare Commission (“IWC”) Wage … Continue reading →

On November 28, 2011, the U.S. Supreme Court agreed to hear an FLSA from the 9th Circuit involving the outside sales exemption.  (Christopher v. SmithKline Beecham Corp.)  The case involves whether deference is owed to the Secretary of Labor’s interpretation … Continue reading →

On June 30, 2011, the California Supreme Court issued a decision in Sullivan v. Oracle Corporation, No. S170577 (June 30, 2011), deciding the issue of whether California’s overtime provisions apply to non-resident employees of California companies.  More after the break.

In light of yesterday’s post on the challenge to Boeing’s construction of a plant in South Carolina by the NLRB, this blog post entitled “What happens when government (state or federal) is pathologically hostile to business” is worth reading.  It … Continue reading →

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a grant of summary judgment in favor of the Fairfax County School Board in an FLSA overtime lawsuit.  The plaintiff/employee was a coach who argued that he was an … Continue reading →

In June 2010, Dovetails, Inc. made an “unconditional payment” of approximately $7,770 to Christopher Walker, a Dovetail employee who claimed that he was entitled to unpaid overtime.  Walker then filed a lawsuit in July 2010 against Dovetail in the United … Continue reading →

In Arechiga v. Dolores Press, Inc., the California Court of Appeal held that California Labor Code section 515(d) does not outlaw “explicit mutual wage agreements,” by which an employer and employee may agree to a fixed salary, to include both … Continue reading →

In Desmond v. PNGI Charles Town Gaming, LLC, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s method of calculating unpaid overtime compensation in a misclassification case under the Fair Labor Standards Act (“FLSA”).  This … Continue reading →

On December 16, 2010, the California Court of Appeal, Second Appellate District, Division Eight, in Futrell et al. v. Payday California, Inc. et al., held that a company that provides payroll processing was not an “employer” for wage claims under … Continue reading →