To be classified as an employee exempt from overtime, an employee must perform certain exempt duties and responsibilities, such as those customarily performed by an executive, professional or administrative employee. In addition to performing the requisite managerial duties, an employer is required to pay the individual a minimum guaranteed weekly salary. If the employee does not receive this minimum weekly salary, the employee is treated as an hourly employee, regardless of their duties, and must be paid overtime for all hours worked in excess of 40 hours during the workweek.
The California adult nightclub Paradise Showgirls will have to pay more than $6.5 million to dancers who were required to turn over a portion of their tips to their employer. The Court found that under California law, any money handed directly from a customer to a dancer belongs to the dancer. The nightclub required the dancers to give a portion of these tips to the nightclub.
While the requirement that an employer must post a notice outlining the employer’s responsibilities and an employee’s rights under the Occupational Safety and Health Act is not new, OSHA has updated the required posting which must be displayed by an employer in a conspicuous place where employees can see the poster in the workplace. In addition to providing an updated poster, OSHA has also prepared a version written in Korean, Nepali, Spanish, Chinese, Polish, and Portuguese.
Recently, the United States District Court for the Western District of Missouri addressed whether non-compete agreements are automatically assignable in an asset purchase. The court found the agreements to be unenforceable on account of the employees who signed them had not contemporaneously assented to their assignment when their employer sold its assets to another company. Symphony Diagnostic Services No. 1, Inc. d/b/a MobileXUSA v. Greenbaum, No. 13-4196 (W.D. Mo. March 16, 2015). In MobileXUSA, the determinative fact was the agreements did not have an assignment clause allowing an employer to freely assign the agreements to a subsequent company.
In a Contractor and Subcontractor Relationship, Who is the Employer? The 7th Circuit Clarifies the Standard for Showing “Indirect Employer” Status Under Title VII.
The Family Medical and Leave Act in part requires an employer to permit an eligible employee to take a leave of absence arising from the serious medical condition involving the employee’s spouse. When Congress enacted the FMLA in 1993, no state had recognized a same-sex marriage. Consequently, the definition of a spouse for FMLA purposes was uncomplicated and uncontroversial.
On March 17, 2015, the Illinois Appellate Court (First District, Second Division) issued an Opinion which was interesting because it gave life to the often-cited covenant of good faith and fair dealing in a contract. While this so-called covenant is often mentioned and discussed, few cases actually operationalize the concept, and rarely does a case base a cause of action on the covenant.
FMLA eligible employees can take up to 12 weeks of unpaid leave during a 12-month period. But, the question is – which 12 month period?
On February 23, 2015, the United States Department of Labor announced that a final rule revising the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (FMLA).