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The Return of Mintz March Madness

By Michael Arnold on March 13, 2017

Posted in Affordable Care Act, Discrimination Laws, Employee Benefits, Employee Privacy, Employment Legislation and Regulations, Healthcare, NCAA, New York, NYCOLS, Privacy, Wage and Hour Issues, Wage and Hour Laws

It’s our favorite time of year over at Employment Matters – March Madness! Let’s quickly recap where we’ve been.

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Employment Quote of the Week

“[B]oth [the employer] and the DOL agree that there is no statutory authority for a private suit by an employee who claims only that her tips were withheld, but who does not also allege that she received less than the minimum wage (before tips) or that she received less than she was entitled for overtime work. And this is so even if [29 C.F.R.] § 531.52 is entitled to Chevron deference. We agree with the DOL and [the employer] that [the employee’s] allegations do not permit a private cause of action. Because that conclusion dictates the result in this case, we need not wade into the ongoing debate concerning the regulation’s validity under Chevron.” Per curiam opinion in Malivuk v. Ameripark, LLC, No. 16-16310 (11th Cir. June 9, 2017)

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