The Fourth Circuit Court of Appeals recently issued two opinions, Salinas v. Commercial Interiors, Inc. and Hall v. DirecTV, LLC , in which it set forth a new rule for determining whether two or more entities are jointly and severally liable for the failure to pay workers overtime compensation or minimum wages. The “joint employer doctrine,” which is derived from the Department of Labor (“DOL”) regulations, has long been used to hold...
PRELIMINARY INJUNCTIVE RELIEF LEGAL AND VETERINARY JOURNAL HORSE INTERNATIONAL March 2016 Mr. L.M. Schelstraete Active in the fields of company law and equine law. Within the equine law practice, Luc Schelstraete provides services to Dutch yet often also foreign equine businesses, riders, horse owners and equine authorities. In this issue we take a look with our readership across the Atlantic Ocean. The US based alliance partner of EEL Mrs...
The Fair Labor Standards Act (“FLSA”), which governs overtime compensation and minimum wages, provides special rules for paying employees who receive tips from customers. The FLSA obligates all employers to pay employees a minimum wage of $7.25 per hour. Under limited circumstances, however, an employer may pay tipped employees $2.13 per hour, and apply up to $5.12 per hour from the tips the employees receive. Under the FLSA, “tipped...
Controversy always surrounds the pick of a new United States Supreme Court Justice. There are predictions from all corners regarding the political stance of a potential Justice and how that stance might impact future decisions of the Court. Often missing is a discussion of the bedrock principle of stare decisis. Translated from Latin, stare decisis means to stand by things decided. It is a legal principle meaning that courts make rulings based...