Recent Litigation Trends in Regular Rate of Pay, Bonuses, Commissions and Overtime, and the Latest Claims Arising from the Fair Minimum Wage Act and Tipped Employees Under the FLSA

January 29, 2015 5:45pm

Jennifer (Jenni) L. Field

Baker & McKenzie LLP

Robert S. Turk

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

Marlene Quintana
GrayRobinson, P.A.

Suits and DOL Trends Involving Regular Rate of Pay, Bonuses, Commissions and Overtime

  • Claims of Unpaid Overtime – including claims for failure to pay overtime and for allegedly retaliating against those employees who pursued their overtime pay
  • Errors in calculating regular rate of pay and overtime
  • Exclusion of bonuses & commissions from regular rate-of-pay
  • The “Fluctuating Work Week”

Fair Minimum Wage Act and Tipped Employees

  • Addressing the impact on employers and their counsel of forthcoming increases in the FLSA minimum wage across various states and key industries
  • Sources of litigation that employers can expect to face as a result of these minimum wage increases, and how to best avoid and defend suits?
  • Service industry employee claims regarding tips & service charges; & the surge in class actions involving compulsory tip pools & distributions of service charges to employees
  • Federal law on tips and service charges and the interaction with state laws
    • Who are considered tipped employees?
    • Disbursement of tips and service charges; tip pooling
    • States experiencing a high volume of class action litigation