UK: Overtime Ruling A Passport For Higher Employment Costs – EAT Finds That Holiday Pay SHOULD Include Overtime

Summary and implications

The Employment Appeal Tribunal has handed down judgment this morning in the test case of Fulton v Bear Scotland Limited [2014].

The EAT found:

Where an employee is required to work overtime these payments should be included in an employer’s calculations of holiday pay; and
An employee’s claim for unpaid holiday pay under the ‘unlawful deductions from wages’ legislation is time limited. If more than three months has elapsed between each “deduction” (i.e. between each […]

By | November 7th, 2014 ||

United States: Take Your Pick: E.D.N.Y. Decision Offers Guidance For Plaintiffs And Defendants Alike On How To Handle "Picking Off" Attempts In FLSA Collective Actions

“Sometimes surrender is the best option.” That is how Judge Raymond J. Dearie of the Eastern District of New York begins his opinion in Anjum v. J.C. Penney Co., Inc., before denying J.C. Penney’s motion to dismiss a putative Fair Labor Standards Act (FLSA) collective action based on the company’s offer to pay the claims of four named plaintiffs with offers of judgment under Federal Rule of Civil Procedure 68—a strategy often referred to […]

By | November 7th, 2014 ||

United States: Raising The Stakes: National Labor Relations Board Expands Remedies For Labor Law Violations

The price of poker just went up for employers facing unfair labor practice charges before the National Labor Relations Board (NLRB, or Board). On October 24, 2014, the NLRB asserted that it had broad authority to order expanded remedial measures in response to acts the Board deemed to constitute “egregious and pervasive” violations of the National Labor Relations Act (NLRA, or the Act). The unprecedented remedies announced by the Board demonstrate that it is […]

By | November 6th, 2014 ||