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Jason P. Hungerford News Archive

Posted May 13, 2020 with Tags ,

Returning to Work: Health Checks & Compensable Time

After sheltering-in-place, remote working, and business closures, employers across the country have started planning to bring employees back to work. The first item of business is how to ensure the workplace is safe for employees and the general public. For this, many employers are turning to employee health checks.

Newsroom image for the post Managing Off-the-Clock Time During the Pandemic

Posted April 23, 2020 with Tags , ,

Managing Off-the-Clock Time During the Pandemic

Ensuring that hourly employees accurately record their work time—and that employees are paid for all work time—can be a challenge even under the best of circumstances. But it’s crucial to avoid or defend costly class litigation or audits from the Department of Labor. These “off the clock” issues may be exacerbated for employers who now have hourly employees working remotely during the pandemic. Remote work means employers have less oversight and ability to enforce timekeeping rules. This is made even more complicated because employees may be working—and responding to work requests—during odd hours as they navigate other home obligations.

Newsroom image for the post Minnesota Restaurateurs: Fix Your Tip Pools Before You’re Hit with a Tip-Pooling Class Action Lawsuit

Posted March 4, 2020 with Tags , , ,

Minnesota Restaurateurs: Fix Your Tip Pools Before You’re Hit with a Tip-Pooling Class Action Lawsuit

Restaurants are getting hit with tip-pooling class action lawsuits. Now is the time to audit your practices, or, at the very least, review your tip pooling policies. This is especially important for Minnesota restaurateurs, as they face the difficult challenge of complying with the state’s unique tip-pooling statute—which is unlike federal laws and those of other states. Restaurants can make specific changes now to meet the law’s requirements and avoid class action litigation.

Posted October 7, 2019

MN Restaurateurs: Proposed DOL Tip Credit Rule Won’t Impact Unique MN Tip-Pooling Laws

The U.S. Department of Labor announced a proposed rule that would allow employers who do not take a tip credit to establish a tip pool to be shared between (1) workers who receive tips and are paid the full minimum wage and (2) employees who do not traditionally receive tips, such as dishwashers and cooks. While this is an important change to federal wage-and-hour laws, the critical point for Minnesota restaurateurs is that this proposed rule, if enacted, does not affect Minnesota’s unique tip-pooling laws and regulations.

Newsroom image for the post The Bottom Line for Tip Credit Legislation

Posted May 15, 2019

The Bottom Line for Tip Credit Legislation

As the minimum wage discourse permeates the country and discussions about fairness and living wages make their way into state and local legislatures, a question remains for how minimum wage laws affect tipped employees. Tip credits allow employers to pay …

Newsroom image for the post NLRB Redefines Protected Concerted Activity in Workplace

Posted April 25, 2019

NLRB Redefines Protected Concerted Activity in Workplace

In January 2019, the National Labor Relations Board (NLRB) narrowed the standard for when an employee’s conduct is considered protected concerted activity. The 3-1 ruling upheld the dismissal of a complaint accusing Alstate Maintenance LLC of violating the National Labor …

Newsroom image for the post Minnesota Restaurateurs: Get Compliant with Tip Statutes Before the Final Four

Posted March 25, 2019

Minnesota Restaurateurs: Get Compliant with Tip Statutes Before the Final Four

The Final Four at U.S. Bank Stadium presents a great opportunity for Minneapolis restaurateurs to generate significant income from parties hosted before and during the big games. With that opportunity, though, comes the challenge of complying with Minnesota’s unique tip-pooling statute—unlike federal laws and those of other states—and avoiding the potential for greater liability. Restaurants planning Final Four parties should prepare now to meet the law’s requirements and avoid litigation after the tournament ends.

Newsroom image for the post A Business Tip Before Tipoff: Minnesota Restaurants Face Compliance Issues for Tips During Final Four

Posted March 22, 2019

A Business Tip Before Tipoff: Minnesota Restaurants Face Compliance Issues for Tips During Final Four

As Minneapolis’ US Bank Stadium gears up to host its second national sporting event in over a year, nearby restaurants are looking to once again capitalize on the added foot traffic from the NCAA Men’s Basketball “Final Four” competition. However, Minnesota bars and restaurants need to think now about compliance with tip-pooling and service charge requirements to avoid litigation after the final buzzer sounds.

Newsroom image for the post NLRB General Counsel Proposes Significant Change to Arbitration Agreements and More

Posted December 4, 2018

NLRB General Counsel Proposes Significant Change to Arbitration Agreements and More

After one year in office, the general counsel at the National Labor Relations Board (NLRB) is creating a buzz in the legal community. General Counsel Peter Robb has expressed strong recommendations to give employees access to collect more damages after an arbitration or settlement – a departure from the otherwise employer-friendly and red-tape cutting expectations of the Trump administration.

Posted May 22, 2018

Supreme Court Gifts Employers with Big Arbitration Win

On May 21, 2018, the U.S. Supreme Court handed down a huge win to employers in its much-anticipated decision in Epic Systems Corp. v. Lewis. Writing for a five-person majority, Justice Gorsuch upheld the validity of agreements that require employees to arbitrate claims against their employer or an individual—as opposed to a class or collective—basis. The court had been called to determine whether such class/collective waivers violate an employee’s right to engage in “concerted activities” as provided in the National Labor Relations Act (NLRA). Federal courts had been at odds on this issue, and the Supreme Court consolidated three cases to resolve the disagreement.

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