HRrates.com is a new web-based referral service and procurement solution that enables HR buyers to request free quotes from local and national vendors in a variety of HR- focused service categories. Quote requests are then matched with participating Service Providers. Current HR service categories include: Professional Employer Organizations (PEO), Human Resources Outsourcing (HRO), and Applicant Tracking and Staffing Services among others. From Everett HR, LLC.

AeA, the technology trade association representing all segments of the high-tech industry, released a report endorsing telework, the practice of allowing employees to leverage information technologies to work remotely. The report, entitled Telework in the Information Age, is the 21st installment of AeA's ongoing Competitiveness Series.

The CompTIA Educational Foundation has won the Award of Excellence in the 2008 Associations Advance America awards program, a national competition sponsored by the American Society of Association Executives (ASAE) and The Center for Association Leadership in Washington, D.C.

InDepth: Employment Law from The National Law Journal
A tip about tips: they can trip up employers.
A tip for employers: Be careful about distributing those employee tips.

In the past two years, dozens of lawsuits have been filed to recover unpaid tips for employees, with more predicted in coming months. Earlier this month, a federal jury in Massachusetts awarded $325,000 to nine American Airlines skycaps who alleged a new $2 per baggage fee for curbside check-in service diminished their tips. A similar suit against US Airways Group Inc. was filed on April 11.

Last month, a San Diego superior court judge ruled that Starbucks Corp. should pay more than $100 million to thousands of baristas for allowing supervisors to dip into the tip pool.

In recent weeks, Starbucks suits have been filed in Massachusetts, Minnesota and New York.

Meanwhile, the Nevada Supreme Court heard arguments this month in a tips case brought against Wynn Resorts Ltd. by its Wynn Las Vegas casino dealers. Baldonado v. Wynn, No. 48831 (Nev.).

"These are the first significant outcomes in cases that people have seen," said Paul DeCamp, co-chairman of the wage and hour practice group at Jackson Lewis. With the recent decisions, "it's very likely there will be numerous new suits filed," he said.

'Copy-cat' actions
In the Starbucks case, the baristas argued that shift supervisors were not entitled to a share of employee tips under California law. Chou v. Starbucks Corp., No. GIC836925 (San Diego Co., Calif., Super. Ct.). Terry Chapko of Coronado, Calif.'s Terry Chapko Law Office said that while shift supervisors order baristas to do certain tasks, "baristas can't direct shift supervisors to perform specific duties."

Starbucks argued that shift supervisors could receive tips because they worked alongside the baristas and could not hire, discipline or fire them, according to court documents. A lawyer for Starbucks, Catherine Conway, a partner in the Los Angeles office of Akin Gump Strauss Hauer & Feld, did not return a call for comment.

The judge awarded the baristas $86.7 million in back tips, plus interest.

"Both baristas and shift supervisors are hourly store partners who serve our customers," Starbucks said in a statement this month. "We do not believe customers differentiate between them, because they provide the same customer service." Starbucks also called the new cases in other states "copy-cat lawsuits."

Shannon Liss-Riordan, a partner at Boston-based Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, brought Starbucks cases in New York and Massachusetts. Her firm, which has filed numerous tips lawsuits against restaurants, also filed the recent case against American Airlines. DiFiore v. American Airlines, No. 1:07-cv-10070 (D. Mass.).

A lawyer for American Airlines, Amy Cashore Mariani, a partner at Boston-based Fitzhugh & Mariani, did not return a call for comment. But in court papers, the airline stated that, among other things, signs were posted to inform passengers that gratuities were not included in the $2 baggage charge.

On April 7, a federal jury disagreed.

The US Airways suit, which was filed four days later, involves three skycaps who work in different states and are alleging violations of the U.S. Fair Labor Standards Act (FLSA), Liss-Riordan said. A call to US Airways was not returned. Mitchell v. US Airways, No. 1:08-cv-10629 (D. Mass.).

In federal cases, an employer violates the FLSA if employees who are paid less than minimum wage aren't receiving enough tips to make up the difference, said Liss-Riordan. In a case she filed against Ruth's Chris Steak House Inc., for example, the employees, who work for less than minimum wage, spend more than 20% of their time folding napkins, cleaning tables and doing other tasks that don't generate tips.

In Nevada, casino dealers at Wynn Las Vegas allege that their floor supervisors, under a new policy, are illegally sharing in their tips. A lower court judge dismissed the case. Baldonado v. Wynn, No. 06-A-528138-C (Clark Co., Nev., Dist. Ct.).

A lawyer for the dealers, Mark Thierman of Thierman Law Firm in Reno, Nev., called the case, now before the Nevada Supreme Court, the "first of any significance" involving casino dealer tips.

Gregory Kamer of Las Vegas-based Kamer Zucker Abbott, who represents Wynn, said in oral arguments this month that Wynn changed the role of floor supervisors to provide more customer service.

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Calendar

May 1-2. Conference Board 2008 Leadership Development Conference. Grand Hyatt. New York City.

May 13-16. Kennedy Recruiting 2008 Conference & Expo - Real World Recruiting for Today's Workforce. Hilton, Las Vegas, NV.

May 14-15. Staffing Leaders Exchange. Hotel Twelve. Atlanta, GA.

May 20-23. WorldatWork Conference & Exhibition. Convention Center, Philadelphia, PA.

May22. Quality of Hire - The Illusive Business Metric. From The Human Capital Institute and Pinstripe. St. Louis Marriott West.

May 31-June 4. IHRIM HRMStrategies 2008 Conference and Technology Exposition. Disney Contemporary Resort, Lake Buena Vista, FL.

June 4-6. Fordyce Forum 2008. Flamingo Las Vegas Hotel.

June 5-6. Conference Board 2008 Leadership Development Conference. Hotel del Coronado San Diego, CA.

June 11. Virtual Career Fair for Financial Services. 9 am - 8pm EDT. From BrokerHunter.com.

June 22-35. SHRM Annual Conference and Exposition. Chicago, IL.

September 8-10. 2008 Staffing Industry Analysts' Healthcare Staffing Summit. Hilton San Francisco, CA.

September 9 & 10. Online Recruitment Conference and Expo 2008. Donald E. Stevens Convention Center, Chicago, IL.

October 15-17. HR Technology Conference and Exposition. McCormick Place, Chicago, Ill.

October 21-24. 2008 NASPP National Conference. Hilton New Orleans Riverside, New Orleans, LA

October 28-29. 2008 Staffing Industry Analysts Contingent Workforce Strategies Summit. New York Marriott at Brooklyn Bridge, New York City.

October 28-30.ERE Expo 2008 Fall. Westin Diplomat Hotel & Spa, Hollywood, FL.

November 17-19. WorldatWork Canadian Total Rewards Conference. Toronto, Ontario.

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