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)
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.
Unions and other third parties have never before so heavily used public embarrassment as a means of organizing employees. The key to union organizing is to find a disgruntled employee who will serve as a leader and capitalize...more
Before the Labor Day holiday, I read on Twitter about the supposed “success” a restaurant had in defending its wage and hour practices at trial. I did a double-take. After reading the Southern District of New York’s opinion...more
A San Francisco proposal passed by the Board of Supervisors could implement a “Retail Workers Bill of Rights,” aimed at changing labor standards and pay practices for hourly employees. This piece of legislation would force...more
The semi-annual ritual of changing the clocks is often a concern for those employers who have non-exempt (hourly) employees working the late shift (at 2:00 a.m. when the clocks change). When the clocks are moved back those...more
Job-protected Family and Medical Leave does not need to be taken as full-time absences from work. In some circumstances, the employee will request temporarily reduced hours to deal with a medical issue. In others, the...more
As the mid-point of 2014 fades into the rearview mirror, it is clear that wage and hour claims continue to be a hotbed of litigation impacting large and small companies across industries. In turn the protection those...more
In a matter of first impression, the Washington Supreme Court has held that the "joint employer doctrine" is a viable theory under Washington's Minimum Wage Act (WMWA), and adopted the Fair Labor Standards Act's economic...more
Female Football Player Throws Flag at LFL over Bare Wages -
The three-year championship run of the Los Angeles Temptation was snapped in 2013 when the upstart Chicago Bliss, led by the quarterback and two-time league...more
“Wage theft” is becoming a popular phrase in the media. A New York Times article recently announced that “More Workers Are Claiming ‘Wage Theft.’” Other news outlets are using the phrase to describe lawsuits brought by...more
I confess that up until the huge LinkedIn case last month, I had no idea what wage and hour training even is, or why anyone needed to take it. After all, it’s pretty simple, right? Pay nonexempt workers their regular wage for...more
The Ninth Circuit recently addressed the nearly decade long misclassification dispute between FedEx and its drivers, holding that drivers in California (as well as in Oregon) are FedEx employees, not independent contractors. ...more
This month’s headline development are the seismic decisions, issued on August 27, 2014 by the U.S. Court of Appeals for the Ninth Circuit, concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers...more
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