Spa Workers Entitled to Sunday Premium Pay Where Employer Also Sold Beauty Products

In Chapoteau, et al. v. Bella Sante, Inc., et al., the Massachusetts Appeals Court held that operators of beauty and massage spas that primarily render beauty and massage services were required to pay employees Sunday premium pay where the spas also sold retail products on Sundays. Prior to January 1, 2023, Massachusetts law generally prohibited …

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How Documentation Can Make or Break Your Case

Documents are important for employers and supervisors to obtain and control the narrative to avoid litigation in layoffs or terminations. In many cases, documentation will stop a claim before it starts.¬† In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, Laura Corvo, attorney at …

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Third Circuit Adopts Majority Approach for Determining Whether Time Spent Donning and Doffing Must Be Compensated Under the FLSA

On August 16, 2023, the Court of Appeals for the Third Circuit clarified the test courts should use when determining whether workplace uniforms or safety gear are integral and indispensable to an employee’s principal activities of employment, and therefore, whether time spent donning and doffing should be compensable under the federal Fair Labor Standards Act …

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U.S. Department of Labor Issues Proposed Rule Amending Salary-Level Requirements for White Collar Exemptions Under The Fair Labor Standards Act

On August 30, 2023, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would affect certain exemptions with respect to the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements. Under the FLSA, employees who are not specifically exempt, must receive pay for hours worked in excess of 40 hours …

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Retaliation Claims Are On The Rise

In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, John Baker, Attorney, joins the chat titled ‚ÄúRetaliation Claims are on the Rise. Jeff and John cover various instances of retaliation complaints and provisions, while also presenting examples of protected activity of employees and adverse …

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