Late last year, I wrote about approaching compliance challenges by thinking as much about the “why” as about the “what” of the compliance requirement. The point I hoped to convey was that inquiring into the question of why a...more
As the flipping from one calendar year to the next approaches, many employers understand this is the annual moment to take stock of changes in the law that become effective on Jan. 1 and prepare for compliance.
Given the...more
As we will describe in this and its companion article, if you are an employer viewing such classifications optimistically in light of some recent legal developments, you should do so fully aware of the attendant perils....more
The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the...more
For the last several years, “joint employment” (whatever that now means legally) has been anything but the gift that keeps on giving for employers. First, joint employment became a tool that the previous Administration locked...more
Late last month, the Chicago City Council unanimously approved a new paid sick leave ordinance requiring virtually every employer in the city to provide at least some paid time off to employees for sick leave purposes. Cook...more
Employee classification issues have been a recurrent topic of ours, and with all the class action litigation arising from independent contractor and other classifications, we have had no shortage of opportunities to remind...more
We noted several weeks ago that the Ellen Pao case reminds us that sometimes settlement is better than the airing of sensitive allegations, and sometimes outrageous settlement demands require an aggressive defense, media...more
We noted in October that the U.S. Supreme Court recently held oral argument in a case considering whether time spent by employees passing through security screening lines on their way out of the employer’s facility...more
A big part of what makes the franchise model of business attractive to small business owners is the opportunity to own and operate their own business, but with their entrepreneurial risk backstopped by a known regional or...more
8/12/2014
/ Employer Liability Issues ,
Fast-Food Industry ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRB ,
Restaurant Industry ,
Small Business ,
Unions ,
Wage and Hour