News & Analysis as of

Unpaid Overtime Staffing Agencies

Davis Wright Tremaine LLP

Washington's 'Safe Staffing Bill' – What All Healthcare Employers Should Know

Most Washington hospitals will soon be subject to a sweeping 30-page "Safe Staffing Bill" (Bill 5236), aimed at strengthening workplace standards. Starting January 1, 2024, covered hospitals, which is broadly defined to...more

Fox Rothschild LLP

Accepting the Risks Associated with Pay for Household Workers (Caregivers)

Fox Rothschild LLP on

I must say that practicing “Nanny Law” is not my favorite part of employment law. “Nanny Law” is the term I use for household workers (caregivers), whether they be those who care for babies, kids, elderly parents, or those...more

Payne & Fears

California Court of Appeal Creates Split in Authority Over Scope of Settlement Agreements With Staffing Agencies

Payne & Fears on

On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more

Jackson Walker

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

Jackson Walker on

Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

Carlton Fields

Third Circuit Affirms Rejection Of Class Arbitration Where Employment Agreement Was Silent On Whether Arbitration Could Proceed On...

Carlton Fields on

Plaintiffs, former staffing managers of defendants’ international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act. Following earlier...more

FordHarrison

Individuals, Families, and Households and Those Who Jointly Employ Home Care Workers With Them are All Liable for Unpaid Overtime

FordHarrison on

Claims by home care workers for unpaid overtime have risen steadily since the U.S. Department of Labor, in 2015, eliminated the federal overtime exemptions that allowed agency employers essentially to pay no overtime wage...more

Robinson & Cole LLP

Board’s Decision Revises Joint-Employer Status Test

Robinson & Cole LLP on

On August 27, 2015, the National Labor Relations Board (Board) issued a split decision (3-2) that drastically changes the test for determining whether an entity is considered a “joint employer” for purposes of collective...more

Polsinelli

NLRB Expands “Joint Employer” Definition

Polsinelli on

In a pivotal decision on August 27, the National Labor Relations Board “refined” its test for determining joint-employer status, broadening the scope of employers subject to joint collective bargaining and concerted activity...more

Fisher Phillips

Shift Worker Rules Warrant Special Attention

Fisher Phillips on

The long-term-care industry depends on shift workers to provide patient care 24 hours per day, seven days per week. But even experienced and sophisticated employers can find the application of state and federal labor and...more

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