Employment Law This Week®: Special “Wage and Hour” Edition
Employment Law This Week: Top Issues of 2016 – DTSA, Non-Competes, Paid Sick Leave, Transgender Law, Overtime, NLRB Decisions
Employment Law This Week®: FLSA Overtime Rules, NYS Overtime Laws, National Origin Discrimination, Foreign Workers
Employment Law This Week: Break Pay, Misclassification of Franchisees, California Computer Professional Exemption, Non-Compete Payment
Summary - To qualify as a transportation worker for purposes of the FAA, an employee’s relationship to the movement of goods must be sufficiently close enough to conclude that the employee’s work plays a tangible and...more
A party claiming that its opponent waived their right to compel arbitration by participating in litigation cannot be required to show prejudice, the U.S. Supreme Court ruled on May 23, 2022 in a unanimous opinion written by...more
On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more
Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)? The U.S. Supreme Court has granted an airline’s petition for review to resolve this question. Southwest...more
Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards Act (FLSA), the federal...more
On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more
On July 18, 2017, the First Department partially reversed the Commercial Division’s decision in Gold v. New York Life Insurance Company, No. 653923/12, 2017 BL 247192 (App. Div. 1st Dep’t July 18, 2017), a case that presented...more
This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more
January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more
On June 25, 2012 and July 7, 2014, we reported on the issue of waiver of representative claims under California’s Private Attorneys General Act of 2004 (“PAGA”). In Iskanian v. CLS Transportation of Los Angeles, LLC, the...more
The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more