James Swartz, Jr.

James Swartz, Jr.

Polsinelli

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The Next Wave of Joint Employment Litigation

A looming surge of cases threatens to expand the joint employment doctrine and fundamentally alter the operations of franchisors, retailers, and businesses utilizing independent contractors within the four walls of their...more

2/10/2015 - Employee Definition Employer Liability Issues Fast-Food Industry Franchises Franchisors Independent Contractors Joint Employers Misclassification NLRB Restaurant Industry Retailers Trucking Industry

Unanimous Supreme Court: Time Spent Awaiting and Undergoing Security Checks Not Compensable

On December 9th., the Supreme Court unanimously held that time spent by hourly warehouse workers waiting for and undergoing mandatory security screenings before leaving the warehouse is not compensable under the Fair Labor...more

12/12/2014 - FLSA Integrity Staffing v Busk Popular SCOTUS Security Checks Wage and Hour

This Article Will Self-Destruct: Your Employee’s Use of These ESI-Destroying Apps Could Subject You to Sanctions

In This Issue: - Can You Keep a Secret? There’s an App for That - Do Snapchat or Confide Produce “Documents” in the Eyes of the Law? What about Evidence? - Implications on Securities Fraud and Employment Issues...more

6/25/2014 - Corporate Counsel Electronically Stored Information Employer Liability Issues Employment Policies Evidence Mobile Apps Popular Securities Fraud SnapChat Spoilation

Supreme Court: Time Spent "Changing Clothes" Not Compensable

In rare agreement, the Supreme Court unanimously decided Monday that "changing clothes" as set forth in Section 203(o) of the FLSA includes donning and doffing protective gear, and can be non-compensable time under a...more

1/29/2014 - Collective Bargaining FLSA Sandifer v U.S. Steel Corp SCOTUS Workplace Attire

Back To The Drawing Board For The Board

On January 6, 2014, the National Labor Relations Board (NLRB) announced that it would not seek Supreme Court review of two federal appeals court decisions striking down the NLRB's rule requiring employers to display "Employee...more

1/8/2014 - Employee Rights NLRA NLRB Unfair Labor Practices

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