Polsinelli Podcasts - The Virtual World and Wage and Hour Issues
Annual Labor & Employment Update 2013
Unpaid Internships: Are They Legal?
5 Risks of Telecommuting (And How Employers Should Handle Them)
On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. As a result, most employers in California will be required to provide up to 24 hours (3 days) of...more
For years, employers have reacted to the size and breadth of employment laws and regulations in California by finding other means of classifying people who perform services for them. As a result, California employers today...more
On September 10, 2014, California became the second state in the nation to require private sector employers to provide paid sick leave to their employees. ...more
On August 27, 2014, the California Court of Appeal issued its decision in the long-anticipated Russ-Will case, Sheet Metal Workers’ International Association, Local 104 v. Duncan; Russ Will Mechanical, Inc., Court of Appeal...more
Unless you were unplugged, you probably saw all the high profile names that made legal headlines last week. Included in that list was David Letterman. In a quick whirlwind of activity, a CBS intern filed a wage and hour...more
Employees win most motions for conditional certification under the FLSA, with many courts declining to perform a probing analysis at that stage. A recent case from the District of Minnesota, in which the court still applied a...more
Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were clipped from lost lines of Lewis Carroll’s Jabberwocky poem, perhaps as something similar to “Iqbal were the Civil...more
Next summer California employers will have to provide paid sick leave to most employees under a bill (A.B. 1522) signed last week by Democratic Governor Jerry Brown. The new law makes California the second state in the...more
The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more
Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more
The saying goes that “Cash is King.” However, entrepreneurs often quickly learn (sometimes in painful ways) that it is Cash Flow that is really King. Run a quick Google search for “accounts receivable” financing or factoring...more
California Governor Jerry Brown has signed into law the Healthy Workplaces, Healthy Families Act of 2014. The new law requires almost all California employers to provide paid sick time to most full-time and part-time...more
It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that...more
Am I wrong for thinking out the box from where I stay?
Am I wrong for saying that I choose another way?
Those are the opening lyrics to Nico & Vinz’s (catchy would be an understatement) summertime hit...more
The Virginia Supreme Court issued opinions Friday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both...more
In This Issue:
- More Workers Are Claiming 'Wage Theft'
- Big Companies, States Urge High Court to Rule on Gay Marriage
- Firms Continue to Increase Background Checks on Job Candidates
Administrative Law Judge (“ALJ”) David Simonton recently held that a miner’s demand for “temporary economic reinstatement,” instead of accepting actual reinstatement, is not an available remedy under the Mine Act during the...more
On Monday, September 1 in a Labor Day speech, Los Angeles Mayor Eric Garcetti announced his proposal to increase the city’s minimum wage to $13.25 per hour by 2017, and to tie the minimum wage to the Consumer Price Index...more
The Issue: Misclassification of employees as independent contractors is common and it can have “quicksand” impact on employers. In addition to litigation expense, employer risks include compensation and penalties for Wage...more
There seem to be two prevailing conceptions of class actions. In one view, a class action is a way of determining many similar claims at once by evaluating common evidence that reliably establishes liability (and lays a...more
We understand that some questions regarding the payment of seafarers’ wages through payroll cards were raised during the first meeting of the Special Tripartite Committee established by the Governing Body of the International...more
On August 14, 2014, Virginia Governor Terry McAuliffe signed Executive Order 24 to establish an inter-agency task force on worker misclassification and payroll fraud. The task force is a response to a 2012 report of the...more
Most healthcare employers have probably heard of the Fair Labor Standards Act ("FLSA") and most probably think it is pretty simple. Doesn't that law just deal with prohibiting child labor and paying overtime wages to hourly...more
A report recently released by Chicago-based Jones Lang LaSalle – a financial and professional services firm specializing in commercial real estate – reveals that wages for high-tech workers in South Florida rose by 6.4...more
Some New York City service workers could have their wages and benefits doubled following an August 8, 2014, court order removing the last obstacle to implementing New York City’s own prevailing wage law.
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