Katherine Sandberg

Sep 23, 2024 | law.com | Ryan Glasgow |Christopher M. Pardo |Katherine Sandberg

In August of this year, a Texas federal court blocked the Federal Trade Commission’s Noncompete Rule (16 C.F.R. Section 910.1-6) (Final Rule) on a nationwide basis for all employers. The Final Rule would have banned nearly all noncompetes for most types of workers and was set to go into effect on Sept. 4, 2024. Despite this favorable ruling, the future of the Final Rule is uncertain because of ongoing litigation in other jurisdictions.

Sep 17, 2024 | lexology.com | Christopher M. Pardo |Katherine Sandberg

As background, the Fair Labor Standards Act (“FLSA”) permits employers to satisfy a portion of their minimum wage obligations (currently $7.25 per hour) to “tipped employees” (defined as “any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips”) by allocating a tip credit toward the minimum wage. Accordingly, the employer can pay an hourly rate as low as $2.13 per hour as long as the employee’s tips make up the difference.

Aug 14, 2023 | lexblog.com | Christopher M. Pardo |Katherine Sandberg

Recently, in Restaurant Law Center, et al. v. U.S. Dep’t of Labor, the U.S. District Court for the Western District of Texas affirmed the validity of a new Department of Labor (DOL) rule, known as the “80-20-30” or “dual jobs” rule, which limits the ability of employers to satisfy a portion of tipped employees’ wages with earned tips.

Apr 18, 2023 | lexblog.com | Christopher M. Pardo |Katherine Sandberg

In a recent decision in Perez v. Express Scripts, Inc., the U.S. District Court for the District of New Jersey determined that plaintiff and a conditionally certified class of 200 members in a misclassification class action were exempt given that they were highly compensated.