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What I've Been Reading This Week



The IRS & Automatic Gratuities

On the topic of tips, see the caselaw summary from earlier this week about Starbucks Shift Supervisors being entitled to the tip pool, this is an interesting read.  This article by Alden Parker explains how, effective January 1, 2014, the IRS will treat automatic gratuities and how it will impact overtime calculations for employees.  An easy to follow example is included at the end of the article which makes this a more understandable topic.


End of the Year Bonuses - Potential FMLA Minefield

As many employers look at giving out end of the year bonuses to their employees, concerns can arise whether these bonuses trigger over time calculations under the Fair Labor Standards Act.  In essence, the key issue is whether the bonus is discretionary or non-discretionary. 


Recent Verdicts & Settlements - December 2013

This is a good look at several recent cases from around the country that reached resolution in December 2013.  Note that while many employees in the cases prevailed, employers were still able to secure several dismissals in their favor. 


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NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

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What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...
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