News & Analysis as of

Employer Liability Issues Joint and Several Liability

Akin Gump Strauss Hauer & Feld LLP

The Drive to Co-Equal Stakeholder: The Evolving Relationship Between Employees and Their Work and Implications for Employers

A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more

Ervin Cohen & Jessup LLP

California Bans Piece Rate Pay for Garment Workers

On January 1, 2023, Senate Bill 62, the Garment Worker Protection Act, will become effective, making California the first state to ban piece rate pay for garment workers. SB 62 prohibits any “employee engaged in the...more

Proskauer - Law and the Workplace

New York Legislates Joint Wage Liability for Construction Industry Contractors

On September 6, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill S2766, which makes contractors in the construction industry jointly and severally liable for wages owed to employees of its...more

Ervin Cohen & Jessup LLP

FAST Act (AB-257) Narrowly Defeated

On June 3, 2021, AB-257, the Fast Food Accountability and Standards Recovery Act (the “FAST Act”) was defeated in the California Assembly, coming up three votes short of the 41 votes needed. The FAST Act would have...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Floral Prints and Janitors

This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Court of Appeals Limits Defendant's Right to Allocate Fault to Nonparties

The Arkansas Court of Appeals recently limited a defendant’s right to allocate fault to nonparties. The allocation of fault to nonparties has long been a source of confusion and uncertainty for litigants in Arkansas. This is...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Sheppard Mullin Richter & Hampton LLP

New York Targets Members of Out-of-State LLCs in New Wage Theft Bill

Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

FordHarrison

New Jersey Contracting Crisis – The War on Misclassification Rages On

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

Fisher Phillips on

Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

Holland & Knight LLP

New California Law Exposes Maritime Sector to Liability for Drayage Carriers Who Owe Drivers Statute Could Hold Customers of...

Holland & Knight LLP on

• According to a California statute set to take effect in January 2019, ocean carriers, marine terminal operators (MTOs) and shippers engaging port drayage motor carriers (PDMCs) that default on obligations to pay employees...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2015 #2

Joint Employers Can Be Liable for Employee Misclassification in California: Why it matters - Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more

Spilman Thomas & Battle, PLLC

How Might Your Company be Affected by West Virginia's Employment Law Changes?

Several bills affecting employers in West Virginia were brought before the 2015 Legislature, including bills relating to discrimination, prevailing wage, wage payment issues and more. Which ones passed, and how will they...more

Littler

DC's Amended Wage Theft Prevention Act Expands Employer Penalties and Imposes New Notice Requirements

Littler on

The District of Columbia is set to implement the Wage Theft Prevention Amendment Act of 2014 (the "Act"), a measure broad in scope that amends several existing D.C. laws. ...more

BakerHostetler

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers’ Compensation...

BakerHostetler on

For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of...more

Benesch

Withdrawal Liability - A Concealed but Potentially Devastating Assessment

Benesch on

During the past several years a hidden liability has been lurking in the shadows. This hidden threat is known as withdrawal liability and is a critical issue that any employer with a unionized workforce needs to be cognizant...more

Greenberg Glusker LLP

When One Solution Is Better Than Two

Greenberg Glusker LLP on

Over the years, clients have sought my advice after they have obtained a judgment against a limited liability company or a corporation, and after they have tried, without success, to collect on that judgment. All of the...more

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