Labor & Employment

Attorneys Honored by Pulaski County Bar

2019-05-24

Attorneys Michael S. Moore and Allison C. Pearson, both in the labor and employment practice group at Friday, Eldredge & Clark, were honored last night at the Pulaski County Bar Association’s (PCBA) Annual Meeting and Awards Dinner.

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EEO-1 Reports: What You Could Be Doing Wrong and How to Fix It

2019-05-15

By Michael S. Moore

As a result of a recent court opinion, the U.S. Equal Employment Opportunity Commission (EEOC) is enforcing the requirement that employers with 100 or more employees (or more than 50 employees if a federal contractor) file detailed data on wages and hours worked. 

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In Favor of Arbitration: Supreme Court Rules Class Arbitration Provision Must be Express

2019-05-14

By Allison C. Pearson

The U.S. Supreme Court issued its opinion in Lamps Plus, Inc. et al. v. Varela on April 24, 2019 (No. 17-988). The Lamps Plus opinion continues this court’s trend of favoring and enforcing arbitration agreements under the Federal Arbitration Act (FAA) and has potentially broad implications beneficial to employers. 

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Chambers USA Releases 2019 Rankings

2019-05-07

Friday, Eldredge & Clark, LLP is pleased to announce that 26 attorneys are recognized as “Leaders in Their Field” in eight practice areas in the 2019 Chambers USA: America’s Leading Lawyers for Business.

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Updates to the DOL’s Tip-Credit Guidance and a Word of Caution

2019-04-18

By Allison C. Pearson

In February 2019, the Department of Labor’s (DOL) Wage and Hour Division updated its Field Operations Handbook (FOH), which provides guidance for how the DOL interprets and applies its regulations. Specifically, the DOL revised its guidance regarding 29 C.F.R. § 531.56(e), which addresses when employers may take a tip credit for jobs that involve both tip-generating and non-tip-generating duties. The DOL previously interpreted 29 C.F.R. § 531.56(e) to mean that employers could not take a tip credit for non-tipped duties when they comprised more than 20 percent of an employee’s duties.  Courts often reached conflicting opinions on how to apply this provision, and the scope of employers’ obligations. The February 2019 revisions to the FOH sought to clarify the DOL’s interpretation of 29 C.F.R. § 531.56(e), and echoed a December 2018 opinion letter, which formally rescinded the prior interpretation of the tip-credit regulation. 

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