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Mortgage underwriters not exempt from overtime under administrative exemption

July 7th, 2017

By Ronald Miller, J.D.
Mortgage underwriters employed by a bank were entitled to overtime compensation for hours worked in excess of 40 per week, ruled the Ninth Circuit. Applying the analysis used by the Second Circuit, rather than the Sixth Circuit, the appeals court held that, because the mortgage underwriters’ primary job duty did not relate [Read more...]

Oregon workplace scheduling bill sent to governor

July 7th, 2017

By Pamela Wolf, J.D.
The Oregon Legislature has finalized a bill that, if signed by Governor Kate Brown as widely expected, would add substantial work scheduling stability to employees working in the retail, hospitality, and food services industries. Many of the workers in these industries are paid low wages and often do not know until the [Read more...]

DOL’s prohibition on employers retaining tips—tip credit or not—is invalid

July 6th, 2017

By Lisa Milam-Perez, J.D.
The DOL exceeded its authority when it implemented a regulation categorically prohibiting employers from retaining tips regardless of whether they avail themselves of the tip credit, the Tenth Circuit held. The underlying suit was brought by a catering employee whose employer pocketed the gratuities added by customers when paying the final bill [Read more...]

Error to hold that benign mass on foot could not be FMLA ‘serious health condition’

July 6th, 2017

By Lorene D. Park, J.D.
Post-operative appointments for wound care constituted “continuing treatment” of an employee’s benign growth on her foot, which was surgically removed, held the Second Circuit. Vacating summary judgment against her claim that she was fired in retaliation for taking FMLA leave, the appeals court also found that her employer failed to prove [Read more...]

DOL will defend salary level in overtime appeal, but not the Obama-era level

July 6th, 2017

By Joy P. Waltemath, J.D.
In the appeal brief filed by the Department of Labor in State of Nevada v. U.S. Department of Labor, pending in the Fifth Circuit, the DOL made it clear that, although it intends to vigorously defend its right to establish a salary level for purposes of identifying workers who are employed [Read more...]