FordHarrison

New Texas Law: Is it Enough to Ease Concern Over Franchise Liability for Employment-Related Claims?

In response to concerns of franchisors that recent National Labor Relations Board (NLRB) actions threaten to undermine the common understanding of a franchisor-franchisee relationship, the Texas Labor Code was amended by the…more
| Labor & Employment Law, Franchise Law

Multiemployer Pension Plans - Withdrawal Liability is Mounting

There are approximately 1,400 multiemployer pension plans and nearly 10 percent are projected to become insolvent within the next 15 years. Plan insolvency will trigger a termination and the assessment of withdrawal liability…more
| Finance & Banking, Labor & Employment Law

USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC – But Cautions the Public: ‘Don't Rely on It'

On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the agency's…more
| Immigration Law, Labor & Employment Law

Restaurant Industry Alert: Wage Board Proposal - Fast Food Workers' Minimum Wage May Rise to $15 in New York City by 2018

On July 22, 2015, the New York State Department of Labor's (NYSDOL) Wage Board voted to recommend a 171 percent increase in the minimum wage for fast food workers in New York City (NYC), from the current hourly rate of $8.75 to…more
| Franchise Law, Labor & Employment Law

How to Effectively Handle a Wage and Hour Government Investigation

According to recent studies, companies paid $400 million in 2014 and $39 million in the first three months of 2015 to settle wage and hour lawsuits exclusively. Aside from the ever-increasing threat of private wage and hour…more
| Labor & Employment Law

D.C. Circuit Reverses NLRB's Decision that AT&T Violated Employees' Rights When It Suspended Employees for Wearing T-Shirt Disparaging the Company

It was probably not that surprising that the U.S. Court of Appeals for the District of Columbia reversed the National Labor Relations Board's (NLRB) decision in Southern New England Telephone Company, 1356 NLRB No. 118 (2011). …more
| Civil Procedure, Labor & Employment Law

Recent Amendments Give California's Sick Leave Law A Much-Needed Shot in the Arm

California's passage of the Healthy Workplaces, Healthy Families Act of 2014 (otherwise known as California's paid sick leave law) had left open a number of questions regarding compliance with the law. As a result, the…more
| Labor & Employment Law

What California Employers Need to Know About the New CFRA Regulations Effective July 1, 2015

On July 1, 2015, the Fair Employment and Housing Council's (FEHC) new regulations interpreting the California Family Rights Act (CFRA) went into effect. The regulations were intended to clarify the previous regulations and align…more
| Labor & Employment Law

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In…more
| Administrative Law, Labor & Employment Law, Immigration Law

New Jersey's Conscientious "Everyone" Protection Act? State Supreme Court says "Yes"

As we previously forecast and employers feared, New Jersey's Supreme Court has dramatically expanded the state's whistleblower law, the Conscientious Employee Protection Act or "CEPA." In doing so, the Court held that so-called…more
| Civil Rights, Labor & Employment Law

DOL Interpretation Says "Most Workers are Employees" Under the FLSA's Broad Definitions

Yesterday, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued an interpretation in furtherance of its Misclassification Initiative, which concludes that "most workers are employees under the FLSA's broad…more
| Labor & Employment Law

Restaurant Industry Update: Tennessee Court of Appeal Permits Lawsuit under State Tip Law to Proceed

The Tennessee Court of Appeal has held that a bartender can proceed with her lawsuit under §107 of the Tennessee Wage Regulation Act (TWRA), claiming her employer failed to pay her and other similarly situated employees tips and…more
| Labor & Employment Law

Confidential Documents Potentially Safer From Employee Misappropriation Says New Jersey's Supreme Court

On the heels of an appellate decision providing employees a virtual how-to manual to misuse and exploit confidential employer documents and safely provide them to a competitor, New Jersey's Supreme Court reversed course last…more
| Civil Procedure, Intellectual Property, Labor & Employment Law

Court of Appeals Spices Up Class Certification "Death Knell" Laws For Chipotle

In a case of first impression, the California Court of Appeals recently held that, unlike cases where only class allegations are asserted, California's "death knell" doctrine does not apply to cases where class certification is…more
| Civil Procedure, Labor & Employment Law

Court of Appeals Spices Up Class Certification "Death Knell" Laws For Chipotle

In a case of first impression, the California Court of Appeals recently held that, unlike cases where only class allegations are asserted, California's "death knell" doctrine does not apply to cases where class certification is…more
| Civil Procedure, Labor & Employment Law
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