04/10/2018
The Supreme Court ruled on April 2, 2018, that automobile service advisors are exempt under the Fair Labor Standards Act (“FLSA”) and therefore not entitled to overtime pay. The Court’s opinion, in Encino Motorcars, LLC v. Navarro, ends a long-running controversy over the extent of the FLSA’s overtime exemption (29 U.S.C. § 213(b)(10)(A)) for “any… Read more »
04/09/2018
The Ninth Circuit Court of Appeals issued an opinion on April 9, 2018, that is likely to impact how courts nationwide evaluate pay discrimination claims. In Rizo v. Fresno County Office of Education, the Ninth Circuit held that the employer’s reliance on the plaintiff’s salary history was no excuse for paying her less than her… Read more »
04/09/2018
Buried in the recently passed budget reconciliation bill, Congress addressed a Fair Labor Standards Act (“FLSA”) dispute regarding tip pooling arrangements. Restaurant and hotel owners with tipped staff need to be aware of these changes and to reevaluate their tip-pooling arrangements accordingly. The FLSA permits employers to require employees who are customarily and regularly tipped… Read more »
04/03/2018
Recent weather conditions highlight the importance of avoiding unintentional design responsibility. This first quarter of 2018 has seen persistent periods of wind-driven rain; which often expose building envelope weaknesses. Uncontrolled rainwater penetration, condensation, and moisture related damage commonly result and threaten both structural integrity and building envelope performance. Indeed, virtually 90 percent of such sources… Read more »
