The Tenth Circuit Court of Appeals has closed the door on tip claims under a provision of the Fair Labor Standards Act (“FLSA”) and a Department of Labor (“DOL”) regulation for employees paid more than minimum wage. In Marlow v. The New Food Guy, Inc., 861 F.3d 1157 (2017), the court held that an employer…

Ross A. Hollander and Michelle Moe Witte of Joseph, Hollander & Craft LLC have been ranked among the state’s top Labor & Employment lawyers by Chambers USA 2017. This is the ninth consecutive year that one or more firm attorneys have held top rankings by Chambers. Using independent interviews with clients and lawyers, Chambers USA…

The Defend Trade Secrets Act (DTSA) was enacted on May 11, 2016. The DTSA created a private, federal cause of action for trade secret misappropriation. Since its enactment, many have questioned whether common law doctrines, such as the inevitable disclosure doctrine, apply to actions under the DTSA. On the first anniversary of the its enactment,…

If you have been arrested, convicted or had a criminal charge diverted in the state of Kansas, you may be eligible to have those records sealed. Kansas laws allows the Court to seal criminal arrests, diversion or convictions after the statutory waiting period has expired. For example, a misdemeanor possession of marijuana charge can be…

On May 2, 2017, the United States House of Representatives passed H.B. 1180, the Working Families Flexibility Act. The Senate has received the bill for consideration. The bill would amend the Fair Labor Standards Act (FLSA) and authorize private employers to provide compensatory time (comp time) off for overtime hours worked by employees. Instead of…

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