Skip to main content

What I've Been Reading This Week


Tough to narrow things down this week, but I came across a couple articles that I wanted to highlight for readers.  Given the attention that FLSA cheerleader lawsuits have been receiving, I think it makes sense to lead off with an update on the most recent case.

As always, below are a couple articles that caught my eye this week.


Dallas Cowboys Cheerleader That Filed FLSA Lawsuit Further Describes Experience With Team

Earlier this week, I noted a recent FLSA lawsuit filed by a former N.F.L cheerleader.  Catherine Kast at The New York Post went in depth to give more of a background on the underlying facts of the case which is well worth a read.  Two things I will point out:  1) The former cheerleader, Erika Wilkins, has stated that while she could have simply settled with the team rather than filing her lawsuit, she wanted to take a stand and set an example for others (by bringing the FLSA/Equal Pay Act issues to the forefront); and 2) In several interviews, Wilkins has described that cheerleaders that complained about long work hours, unpaid time, etc. were often given diminished roles in performances, not chosen for additional events, etc.  For those wanting more of a background of this case, this article is worth reviewing.


Drafting & Enforcing Non-Compete Agreements In a Right to Work State

Using Texas, a right to work state, as an example, The Dallas Business Journal recently published an article to address how employers can draft enforceable non-compete agreements without running afoul of right to work laws.  While the article couches its analysis of the matter by using Texas law and policy, in regard to the enforceability of non-compete agreements, I think this article is instructive for all employers, regardless of the state or jurisdiction in which they reside.

Comments

Post a Comment

Popular posts from this blog

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

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo
Post a Comment
Read more

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa
Post a Comment
Read more

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per
Post a Comment
Read more