Archana Acharya

Archana Acharya

Foley & Lardner LLP

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Latest Publications


Finding a Balance Between Cell Phone Access to Work Email and On-Call Pay

Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet of things (IoT) means that common objects such as cars and phones can now...more

11/2/2016 - Cell Phones Connected Cars DLSE DOL Email Employee Tracking Exempt-Employees GPS Internet of Things Non-Exempt Employees On-Call Employees Wage and Hour

Q&A on the FLSA’s Changes to Overtime Exemptions

Last month, we discussed the U.S. Department of Labor’s (DOL) recently published final rule making changes to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). We also presented a...more

6/15/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Profits Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

Tell Me How Much My Coworkers Make… Or I’ll Sue You

The Office of Federal Contract Compliance Programs (OFCCP) – an agency of the Department of Labor – has enacted a rule requiring federal contractors and subcontractors to disclose information regarding pay practices and...more

1/21/2016 - Adverse Employment Action Anti-Harassment Policies Anti-Pay Secrecy Federal Contractors New Regulations NLRA OFCCP

We Thought It Might Be Getting Better … But Class Certification is Still On the Rise

The explosion of wage and hour class action litigation in the last 10 to 15 years or so has shined a spotlight not only on wage and hour practices themselves, but also on the critical question of whether an employer’s...more

8/12/2015 - Arbitration Agreements Class Certification Commercial Truck Drivers Commonality Employer Liability Issues Policies and Procedures Rest and Meal Break SCOTUS Wage and Hour

I Falsified My Time Records … But I’m Still Suing You for Overtime

Employers sometimes rely on equitable arguments, such as “unclean hands” (which asserts that it would not be fair to hold an employer liable when the employee’s actions caused or contributed to his own injury or damages). But...more

2/18/2015 - Actual or Constructive Knowledge Appeals Employer Liability Issues FLSA Timekeeping Unclean Hands Unpaid Overtime

Gentlemen’s Club Cannot Strip Dancers of Employee Status

We mentioned early last year that the U.S. Department of Labor intended to start cracking down on the (mis)classification of workers as independent contractors. All is not lost however, as we also recently discussed a New...more

11/11/2014 - Adult Entertainment Corporate Counsel DOL Employee Definition Employer Liability Issues FLSA Independent Contractors Misclassification

A.F.L.- C.I.O Wants More People Standing Under Its Umbrella

For years now, it has not exactly been a secret that labor organizations are struggling to maintain and build membership in most sectors of the American workforce. Despite the presence of a Democratic president and a...more

9/18/2013 - AFL-CIO Unions

Handling Complaints of Harassment Made Against Non-Employees

As we have previously noted, employers often wonder what to do when an employee makes a harassment complaint, but the alleged harasser is not another employee. The employer cannot simply do nothing, but it also generally does...more

3/27/2013 - Discrimination EEOC Gender Discrimination Harassment Non-Employees

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