News & Analysis as of

Unpaid Overtime Wage and Hour National Labor Relations Board

Jackson Lewis P.C.

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

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The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect...more

Lathrop GPM

The Franchise Memorandum - Issue 251

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Court Dismisses Ostensible Agency Claim on Motion for Reconsideration - A federal court in California has granted a motion for reconsideration in light of recent Ninth Circuit precedent, reversing the district court’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May, 2018 #2

The Buzz returns renewed and reenergized from last week’s highly successful Workplace Strategies conference in Phoenix, Arizona, where approximately 800 employer representatives gathered with Ogletree Deakins lawyers to...more

Patterson Belknap Webb & Tyler LLP

Unless the U.S. Supreme Court Rules Otherwise, Waivers of Collective Actions Are Not Enforceable in New York

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

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

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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

Troutman Pepper

August 2016 Independent Contractor Misclassification and Compliance News Update

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This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Zelle  LLP

Employment Law Navigator – Week in Review: September 2016

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Last week, it was reported that 10,000 Chipotle workers have joined the class action against the Tex Mex chain for unpaid wages, claiming Chipotle routinely made them work off the clock. That’s roughly one in five Chipotle...more

Zelle  LLP

Employment Law Navigator – Week in Review: August 2016 #5

Zelle LLP on

Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers...more

K&L Gates LLP

‘Twas the 2016 Franchise Renewal Season…and Labor and Regulatory matters are stirring throughout the franchise model

K&L Gates LLP on

Last year, the franchising industry witnessed developments that significantly affected the core of its business model. These developments stem in large part from both federal and state governments taking a more active role in...more

Epstein Becker & Green

Five Recent Developments in Labor and Employment Law That Health Care Employers Need to Know

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Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more

Robinson & Cole LLP

Board’s Decision Revises Joint-Employer Status Test

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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

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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

Akerman LLP - HR Defense

Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What’s Ahead in 2015 for Retailers in Labor and Employment Law? Part II

The recent Ogletree Deakins webinar, “What’s Ahead in 2015 for Retailers in Labor and Employment Law,” featured leaders in the retail industry and labor and employment attorneys—Randel K. Johnson, senior vice president of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

Spilman Thomas & Battle, PLLC

SuperVision Today - May 2014

Notes from the Chair and Executive Editor - Welcome to the second quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group. Readers of this newsletter are invited...more

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