Florida District Court Denies Conditional Certification in ‘Tip Credit’ Case

By Greg Mersol on August 27, 2020 Posted in Class Certification

Tip credit issues are inherently difficult. Section 3(m) of the Fair Labor Standards Act permits an employer to count tips toward a portion of a tipped employee’s wages to meet the minimum wage (and in some instances overtime) requirements of the Act. The Department of Labor, however, has gone back and forth over the requirements for … Continue Reading

Sixth Circuit Affirms Defense Verdict In FLSA Case Involving Insurance Investigators

By Greg Mersol on March 22, 2013 Posted in FLSA

Is It Time To Deep-Six The “Administration-Production” Dichotomy? There is a very funny set of books under the title “Unuseless Japanese Inventions” by Kenji Kawakami. The books depict, in a matter-of-fact fashion, a series of pointless inventions of a type the Japanese call a “chingdogu” or “worthless tool”. The closest American analogy is a Rube … Continue Reading

Sixth Circuit Panel Rejects DOL ‘Clothes Changing’ Interpretation

By David Grant on September 8, 2010 Posted in Donning and Doffing, FLSA

In another twist to the often-litigated question of the compensability of mandatory workplace “clothes changing” under the Fair Labor Standards Act (FLSA), the United States Court of Appeals for the Sixth Circuit (by a 2-1 vote) concluded that union-represented employees at a Kellogg plant in Tennessee were not entitled to be paid for the time … Continue Reading