On March 8, 2024, a federal district court in Texas vacated the National Labor Relations Board’s 2023 joint employer rule. The 2023 rule, which was set to take effect on March 11, would have expanded the joint employer test...more
On September 22, 2020, the U.S. Department of Labor (DOL) issued a new proposed rule that would substantially simplify the test for determining whether persons are employees or independent contractors under the Fair Labor...more
On August 19, the Ninth Circuit delivered the latest guidance in the long-running debate over the Federal Arbitration Act’s (FAA) scope. It held that Amazon delivery drivers can move forward with a nationwide class action —...more
Updated as of April 8, 2020 -
The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, and took effect on April 1, 2020. The FFCRA provides temporary relief to eligible employees affected...more
On March 27, 2020 the House passed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) – the largest stimulus package in U.S. history – in response to the economic crisis caused by the coronavirus pandemic. The...more
3/31/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
Federal Loans ,
Financial Stimulus ,
Loans ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Credits ,
Unemployment Benefits
Following days of protracted negotiations, Congress is heading toward enacting a $2 trillion measure to respond to the coronavirus pandemic. Anticipated to clear the House of Representatives on Friday and be promptly signed...more
The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, and will go into effect on or before April 2, 2020. The FFCRA creates obligations for many employers to provide temporary relief to...more
Timecard rounding is a tricky area of employment law. Employers like rounding because it streamlines timekeeping and payroll; employees like it because it gives them the chance to get paid for time they did not actually work...more
Companies doing business in California and elsewhere scored a victory yesterday in one of the fastest growing areas in employment law: joint employment claims. In a significant opinion, the U.S. Court of Appeals for the 9th...more
On May 21, 2018, the U.S. Supreme Court held that employees can waive their right to participate in a collective action under the Fair Labor Standards Act (FLSA). This is a major victory for employers seeking to limit...more
The California Supreme Court issued its long-awaited opinion in Dynamex Operations West v. Superior Court, in which the court considered the appropriate test to use when determining whether a worker is an employee or...more
On September 28, 2017, the Supreme Court announced it will consider for a second time whether service advisors in automobile dealerships are exempt from overtime compensation under the Fair Labor Standards Act (FLSA)....more
Two years ago, in Comcast v. Behrend et.al, the Supreme Court caught the attention of employers facing class action lawsuits by holding that plaintiffs cannot “show Rule 23(b)(3) predominance” when “[q]uestions of individual...more
On December 19, 2014, the National Labor Relations Board's (NLRB) Office of General Counsel took another step forward in its effort to erase the line between franchisors and franchisees. In a controversial move, the Office of...more
On August 28, 2014, the California Supreme Court issued a landmark ruling in favor of Domino's Pizza and all business format franchisors that do business in California. In Patterson v. Domino's Pizza, LLC, ---P.3d---, 2014 WL...more
In a decision with potentially far-reaching consequences for the franchise industry, the National Labor Relations Board's (NLRB) Office of General Counsel decided on July 29, 2014, that it will require McDonald's USA, LLC...more
On June 26, 2014, the United States Supreme Court handed down its Noel Canning decision, unanimously finding that President Obama's January 4, 2012, appointments of Sharon Block, Richard Griffin and Terence Flynn to the...more