Do Employers Have to Pay For All Time Worked?
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)
The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section...more
In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat...more
On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Labor’s Home Care Final Rule, which eliminates the companionship and live-in domestic service exemptions for...more
This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent...more
The California Supreme Court has a reputation for hostility to arbitration, especially in the consumers and employment context. Much of the arbitration docket of the United States Supreme Court over the past 30 years has...more
The explosion of wage and hour class action litigation in the last 10 to 15 years or so has shined a spotlight not only on wage and hour practices themselves, but also on the critical question of whether an employer’s...more
California Sick Leave Law Gets Updates -
Why it matters:
California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more
In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...more
As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command.
Arbitration provisions – once the realm of...more
Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more
Comments on the U.S. Labor Department's proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions are, for the moment, still due on Friday, September 4, 2015. USDOL is...more
In a move that is expected to have far-reaching consequences for employers, the U.S. Department of Labor issued new guidance on the classification of independent contractors as employees under the Fair Labor Standards Act...more
There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more
Businesses should carefully assess any independent contractor arrangements in light of an “Administrator’s Interpretation” issued on July 15, 2015 by the U.S. Department of Labor’s Wage and Hour Division (DOL). While the...more
On July 15, the Department of Labor’s Wage Hour Division (WHD) issued guidance on how to identify employees who are misclassified as independent contractors. In a 15-page administrator’s interpretation (AI), WHD head David...more
As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair...more
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" -
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) -
Michaelin Higgins-Williams worked as a clinical...more
On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in...more
The Impact of National Same-Sex Marriage for Employers -
Why it matters:
How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more
Earlier this week the Supreme Court granted review in Tyson Foods, Inc. v. Bouaphakeo, a case that is likely to have a significant effect on the survival of class action litigation in a post-Dukes world.
By way of brief...more
During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more
Joint Employers Can Be Liable for Employee Misclassification in California:
Why it matters -
Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more
The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below.
Gomez: The Effect of Rule 68...more
You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more
Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House.
Legislature Plans Long Day -
Early this past Wednesday morning, the Maine House and Senate...more
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