ted Sotinsky
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February 26, 2017
Ralph hasn't retired as of March 2017. He is still totally involved in scouting. What a great man!!!!
Pedro Valdez Rivera
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February 24, 2017
I agree Larry: In fact, now it is the time that women will play a critical role in everything that it is government related because they are caring about more to the general public. In fact, their passion was critical to get things done.
Pedro Valdez Rivera
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February 24, 2017
I went to the first workshop: Realistically, it is a waste of time because both the DOT and the MTA are already known the contingency plan in advance. The exercises are like we are in an elementary school.
Can College Football Players Unionize?
by cjleclaire
 William Cafaro
Feb 24, 2017 | 890 views | 0 0 comments | 39 39 recommendations | email to a friend | print | permalink

Author: William Cafaro

At least for the moment, the answer is Yes. Last week, the General Counsel National Labor Relations Board (NLRB)’s issued a Memo saying that football players at private colleges must be treated as employees, so they may seek protection against unfair labor practices. Richard Griffin, the general counsel for the NLRB, wrote that “scholarship football players in Division I Football Bowl Subdivision private-sector colleges and universities are employees” under the National labor Relations Act.

What was the Reasoning Behind this Decision?

The General Counsel felt that the athletes, like employees, work full-time hours during the regular season, receive “significant compensation” in exchange for their work, and can be “fired” from the team for poor performance or other factors. The Memo says that it doesn’t resolve questions about whether football players should be treated differently than athletes in non-revenue sports.

Does this Mean that the Players can Take the Universities to Court?

Despite the NLRB guidance, Federal courts are not anxious to say that student athletes are employees.  In December 2016, the federal appeals court in Chicago dismissed a minimum wage claim against the NCAA and Division I Universities and Colleges, but just a few days later, a federal District Court in California refused to dismiss a case like this against the NCAA, and it’s too early for that decision to be appealed, so we can’t be sure yet.  

Can College Football Players Unionize?

What Can the Players Actually Do to Improve Their Situation?

For now, this means any interested party could file an unfair labor practice charge with the NLRB about private football players. A union or interested group can file charges with evidence, and it doesn’t necessarily have to be a specific player.

Is this Trend Likely to Continue?

No. The term of the General Counsel who issued this opinion will expire on November 3, 2017, when President Trump will replace him with a Republican who will, in all probability, be opposed to any expansion of the right to unionize.

Over the last six years, Mr. Cafaro has applied his litigation skills toward representing employees aggressively in overtime and discrimination cases. He has represented hundreds of workers successfully in individual wage and hour cases, including class and collective actions. He also litigates discrimination cases in both the federal and state courts.

Fluency in Spanish helps Mr. Cafaro to communicate with clients in their native language.

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Recent Ruling on Tip Credits, Tip Pooling and Tipped Employees
by cjleclaire
 Stephen Hans Blog
Feb 24, 2017 | 660 views | 0 0 comments | 42 42 recommendations | email to a friend | print | permalink

The Ninth Circuit Court decision in a recent case was a landmark ruling that favored tipped employees in the debate of tip pooling. It clarifies whether an employer who is not taking a tip credit can do tip pooling, which divides tips among tipped and non-tipped employees.

The Issue with Tip Pooling with Non-Tipped Employees

The National Law Review  discussed the case of Oregon Rest & Lodging Ass’n v. Perez, which was appealed to the Ninth Circuit Court.

The crucial question was whether employers have the right to share the tips of waitresses, bartenders and casino dealers, etc. (tipped employees) with non-tipped employees like busboys, hostesses and floor managers. When a tipped employee works hard to deliver great customer service and as a result of such efforts receives a large tip, then having to turn it over to other non-tipped employees seems rather unfair.

What Does the FLSA Say?

The Fair Labor Standards Act (FLSA) makes it clear that when employers take a tip credit and pay non-tipped employees less than minimum wage, the tipped employees must receive their tips. However, when the employer does not take a tip credit and tipped employees receive minimum wage or higher, are the tips fair game for pooling among employees?

DOL Rule About Tip Pooling

The Department of Labor (DOL) established its own rule in 2011 because the FLSA wasn’t clear on this point. The DOL decided tipped employees still deserved their tips and pooling was unfair.

Recent Case Conclusion

The Ninth Circuit reviewed at the issue from different angles and various precedent setting cases. It also considered the intent of the law. A Senate Committee report stated, “Tipped employees should have stronger protection” and “tip is … distinguished from payment of charge … [and the customer] has the right to determine who shall be the recipient of the gratuity.” The court majority decided that the DOL rule was fair and that tips are the property of the tipped employee whether the employer claims a tip credit or not.

Stephen Hans & Associates represents business in disputes and provides legal advice to help them deal with employment and labor issues.

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