While Jimmy John's will be paying settlements to company employees, previous rulings spared it from an even larger settlement related to franchised employees. An Illinois federal judge previously rejected claims that Jimmy John's jointly employed franchised employees, and those individual claims were dismissed based on that decision. But these individuals were never formally taken off the lawsuit, according to Law360.
Joint employer liability has been a contentious issue for several years, but the U.S. Department of Labor narrowed its definition under the Fair Labor Standards Act in 2020. Under the new definition, restaurants can only be held accountable for franchisee employment infractions if the franchisor hires and fires these employees, manages staff employment records, among other employment-related oversight.
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Collective Action Complaint Claims E&S Communications Violated FLSA Overtime Rules - Tech
The complaint explained that E&S is a Florida company and a wireless telecommunications provider. The plaintiff is a former cell tower laborer, who, like others in the same role, would install, repair, and modernize cell towers for E&S customers in Florida and surrounding states. The plaintiff argued both that the company is subject to the FLSA and that cell tower laborers are non-exempt employees.
The single count complaint seeks an order certifying a class of cell tower laborers who have worked or currently work for E&S. Among other requests, the plaintiff and putative class want to recover unpaid overtime.
Provision of overtime pay for Defence Forces must be considered, say military officers
The association representing commissioned officers, RACO, said pay relativities between military personnel and other groups in the public service needed to be broken. File photograph: Nick Bradshaw
The provision of overtime payments for members of the Defence Forces must be considered, military officers have said.
In a submission to the new independent commission on the Defence Forces, which was established late last year by the Government, they maintained that military personnel were the worst affected by the constraints of the current model for determining pay across the public service.
OPM Implements Recent Pay and Benefits Changes - Government Executive
In a memo to agency heads, acting OPM Director Kathleen McGettigan highlighted a number of federal workforce provisions that were included in the omnibus spending package to keep the government open until Sept. 30 and the 2021 National Defense Authorization Act.
The annual omnibus spending package includes a provision allowing agencies to waive the cap on premium pay an employee can receive each year in connection in work the employee does "in preparation, prevention or response to the coronavirus" in 2020 and 2021, retroactive to February 2020.
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Insurance Investigators Seek Class Cert. For Assurant OT Suit - Law360
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