Howard Schultz, Chairman and Chief Executive of Starbucks, has sent thousands of employees a voice mail message complaining about the court decision to require Starbucks to pay its baristas approximately $87 million plus interest for breaking the law by splitting their tips with shift supervisors. He contends that management “would never condone any type of […]
In an overtime misclassification case, a California court has held that portions of employer counsel’s pre-litigation review of jobs is not privileged, here, descriptions of the employees duties. H/T: Robin Weideman at California Labor & Employment Law Blog
A California Superior Court ordered Starbucks to pay all California baristas more than $100 million in back tips and interest that the coffee chain paid to shift supervisors. This was a class action with as many as 100,000 baristas in all Starbucks California stores. The Court held that state law prohibited managers and supervisors from […]
Retail assistant managers as executives: A recent article by a management-side lawyer sees a trend toward judicial solicitude of employer claims of executive exemption under the FLSA and similar state overtime laws. See Who’s minding the store? from C. R. Wright of Fisher & Phillips. H/T: Washington Labor, Employment & Employee Benefits Law Blog.
The situation under the AWHA is a […]
The U. S. Department of Labor today sued the corporations who run the two Anchorage Red Robin restaurants (on East Dimond and Penland Parkway) for violating the overtime provisions of the FLSA. DOL has also sued the sole shareholder of the two corporations, as a “joint employer.”
Chao v. Red Robin Alaska, Inc., et al., Case No. 3:08-cv-00017-JWS (D.Alaska).
Retaliation for earlier litigation: An employer’s retaliation against an employee because the employee earlier sued the employer violates § 1983 rights under the 1st Amendment only if the subject matter of the earlier lawsuit was a matter of “public concern.” Mason v. Univ. and Comm. College Sys. of Nevada, 2008 WL _______ (9th Cir. Jan. […]
Bar Ethics, re Trust Accounts: At Wednesday’s Employment Law Section meeting, Bar Counsel Steve van Goor mentioned that Wells Fargo routinely notifies the state Bar Association when a check drawn on a lawyer’s trust account bounces. No Alaska law requires WF to do this. Apparently, other states require this, and Wells Fargo has adopted a uniform national policy of notification.
Bar […]
Two recent appellate opinions illustrate the possibilities and limitations for employees pursuing wage claims.
The 9th Circuit case reminds practitioners that § 301 permits an individual union member to sue for unpaid wages laid out in the CBA, as well as for wrongful discharge.
Although claims arising under a collective bargaining agreement that concern questions of labor policy […]
Sedwick affirms DOL penalty against setnetters employing 13-year old
Two setnetters challenged a U. S. Department of Labor finding that they had illegally employed a minor for two seasons (when he was 13 and 14) in their fishing operations. Judge John Sedwick has affirmed the ALJ’s decision, which imposed a penalty of $11,700 against the employers.
Sedwick […]
Several dancers have sued Crazy Horse and Fantasies for unpaid overtime compensation, involuntary deductions resulting in denial of minimum wage, impermissible tip pool, and non-receipt of final paychecks. They sued under both the FLSA and AWHA, and seek class certification of both the FLSA (as a collective action) and state (under ARCP Rule 23) claims.
Acting on […]
IRS Circular 230 Notice: Most employee-side attorneys try to avoid giving tax advice, but many still tiptoe into the thicket by saying (or, more prudently, writing) something like, “I think your attorney fees might be excludable from your income, and your back pay will all be taxable, but check with your tax professional. I’m not a […]
In Alaska, the rules for breaks differ for adults and for minors.
Rules for Minors
An Alaskan employer must provide a break of at least 30 minutes for any minor (defined as someone less than 18 years of age) who
a) is scheduled to work at least six hours; or
b) actually works five hours.
The break must occur after the […]
In Nigg v. USPS, 2007 WL 2410165 (9th Cir. Aug. 27, 2007), the 9th Circuit held that a 1996 Postal Service statute allowing for relaxed OT eligibility did not directly conflict with the FLSA or implicitly repeal the FLSA as it applies to Postal Inspectors. The Court refused to give Chevron deference to the Service’s interpretation (because “administration […]
The feds prosecuted Patricia Paul for stealing funds that she claimed were due her for unpaid overtime compensation. She asserted that she was improperly classified as exempt. When she called an expert on the exemption issue, the trial judge excluded the evidence. The 9th Circuit, in an unpublished opinon, held:
The district court did not abuse its discretion […]
The new FLSA minimum wage ($5.85/hr.) is effective July 24th. You can print out a poster here.
“Flextime” refers to employment agreements that relax the employer’s duty to pay overtime. In Alaska, both state and federal law provide an opportunity for flextime, but the opportunity, in practice, is quite limited. The employers with the most flexibility are very small employers, on the one hand, and unionized employers with agreements permitting flextime, on […]
The 11th Circuit has ruled that union employees for a poultry processing business were not entitled to be paid for time spent putting on and taking off protective clothing. As part of their jobs, the named plaintiffs were required to wear various articles of protective clothing and were required to arrive before their line work […]
In Long Island Care at Home, Ltd. v. Coke, 2007 WL 1661472 (June 11, 2007), the Court upheld the validity of the DOL Interpretive Rule on the FLSA overtime rights of people who provide “companionship services” in the homes of aged or infirm individuals. The DOL rule [29 CFR § 552.109(a)] exempts those employees from overtime […]
Both the U. S. House and Senate have now passed the Fair Minimum Wage Act of 2007. Pres. Bush has promised to sign it. The Act will raise the federal minimum wage to $5.85, and then increase that to $6.55 one year later, and $7.25 the following year. Thus, by summer of 2009, the federal minimum […]
