Tag Archives: labor & employment

Health Care and Life Sciences Employers: Let’s Meet on 6/7/11 in Washington, DC at Our HEAL (Health Employment And Labor) Summit

Please join the attorneys of EpsteinBeckerGreen on June 7, 2011, at the National Press Club, as we present eight panels covering labor and employment topics that have increasingly impacted employers in the health care industry.

Our first panel, entitled Significant Labor and Employment Issues that Affect Health Entities, will include representatives from the health care industry, such as a hospitals, skilled nursing facilities, and emergency medical services. These executive panelists will discuss the critical labor and employment issues they are currently experiencing and the greatest challenges they expect to manage. 

Read full article

Health Care and Life Sciences Employers: Let’s Meet on 6/7/11 in Washington, DC at Our HEAL (Health Employment And Labor) Summit

Please join David Barron, Jay P. Krupin, and other attorneys from EpsteinBeckerGreen as we present eight panels covering labor and employment topics that have increasingly impacted employers in the health care industry.

Our first panel, entitled Significant Labor and Employment Issues that Affect Health Entities, will include representatives from the health care industry, such as a hospitals, skilled nursing facilities, and emergency medical services. These executive panelists will discuss the critical labor and employment issues they are currently experiencing and the greatest challenges they expect to manage. 

Read full article

EpsteinBeckerGreen Wins Dismissal of Servers’ Wage and Tip Claims Against Restaurant

On January 14, 2011, EpsteinBeckerGreen helped one of its restaurant clients, the Brasserie Ruhlmann, obtain summary judgment “in its entirety” in a lawsuit brought by former waiters, bussers, and runners (“Plaintiffs”).  Similar to many such wage and hour cases currently being litigated in the hospitality industry, Plaintiffs sought to invalidate the restaurant’s tip pool with assertions that captains and the banquet coordinator performed managerial functions and, thus, were not “tip eligible.”  If Plaintiffs had succeeded, they would have also invalidated the restaurant’s “tip credit” system of compensating service employees, potentially resulting in significant minimum wage and overtime liability.  Plaintiffs made further claims for tips during their initial training period, alleged “spread of hours” violations, and alleged uniform maintenance violations. 

Read full article

U.S. Department of Labor to Refer Employees to Plaintiffs’ Lawyers

by Michael Kun and Doug Weiner

It is no secret that employers have been beseiged by wage-hour litigation, including wage-hour class actions and collective actions.  It is also no secret that the persons who benefit most from these actions are often plaintiffs’ counsel, who frequently receive one-third or more of any recovery.  Now, as a result of an unprecedented new program initiated by the the Department of Labor’s Wage and Hour Division (“WHD”), the WHD will be practically delivering potential plaintiffs to the doors of plaintiffs’ counsel — and the WHD has invited plaintiffs’ counsel to let it know if it wants a piece of the action. 

Read full article

Ninth Circuit: Managers Can Be Liable For Unpaid Wages Upon Bankruptcy

On July 27, 2009, the U.S. Court of Appeals for the Ninth Circuit held that a corporation’s managers can be held personally liable under the Fair Labor Standards Act (“FLSA”) for wages that the corporation failed to pay to employees prior to the employer’s filing for bankruptcy. This opinion serves as a cautionary reminder of the risks managers potentially face when a corporation files for bankruptcy and has failed to pay its employees for all wages earned prior to the filing.

In Boucher v. Shaw, —- F. 3d —-, 2009 WL 2217517 (9th Cir. 2009), former employees of the Castaways Hotel, Casino and Bowling Center sued three senior managers for unpaid wages under Nevada state law as well as federal law. The managers moved to dismiss the claims based on, among other grounds, the fact that the hotel had filed for bankruptcy protection. The Ninth Circuit asked the Nevada Supreme Court to address the issue of whether, under state law, the managers could be personally liable as “employers” for the unpaid wages. The Nevada Supreme Court ruled that individual managers are not “employers” under state law. However, the Ninth Circuit ruled against the managers on the federal FLSA claims and allowed the employees’ claims to proceed.

Read full article