Classic Domino’s ads warned to “Avoid the Noid.” Recently, the plaintiff’s bar has been the Noid for pizzerias and similar restaurants. These employers typically pay delivery drivers minimum wage, minus a tip credit, and...more
As our prior legal alert detailed, the Wage and Hour Division of the Department of Labor on April 23, 2024 announced its Final Rule increasing salary thresholds for the Executive, Administrative, and Professional (“EAP”)...more
7/11/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Human Resources Professionals ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Today, the Wage and Hour Division of the Department of Labor announced its Final Rule increasing salary thresholds for the Executive, Administrative, and Professional (“EAP”) exemptions from overtime pay requirements under...more
On August 30, 2023, the U.S. Department of Labor (“DOL”) announced its Proposed Rule to increase the minimum salary for the Executive, Administrative and Professional overtime exemptions from the current $35,568 annual rate...more
What can the National Labor Relations Board (the “Board”) give employees who already have a banner jobs market, with record job openings and the largest wage growth in decades? Last week, the Board stuffed stockings with...more
The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act. The DOL will...more
10/13/2022
/ ABC Test ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Human Resources Professionals ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Wage and Hour
As you likely have seen, the U.S. Court of Appeals for the Sixth Circuit late Friday evening on December 17 by a 2-1 panel vote lifted the stay that the Fifth Circuit had issued OSHA’s COVID-19 Vaccination and Testing...more
12/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Nov. 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued its long-awaited Emergency Temporary Standard (“ETS”), in which private employers with at least 100 employers will be required to implement...more
It hasn’t been a good few weeks for unions. First, Martin Scorsese’s “The Irishman” depicted the history of corruption and mafia ties within organized labor. As one historical correction, the scene in which Jimmy Hoffa is...more
As a word of caution, the plaintiffs’ bar is filing a wave of class actions against credit unions and banks based on the assessment of overdraft fees. Some cases challenge practices, such as high-to-low sequencing of...more
On March 07, 2019 the U.S. Department of Labor (“DOL”) replaced the Obama administration’s Final Rule, raising the minimum salary threshold/salary basis test for workers to qualify for the Fair Labor Standards Act’s (“FLSA”)...more
The National Labor Relations Board (NLRB) has issued a new decision, SuperShuttle DFW, Inc., which returns to the Board’s traditional independent-contractor analysis. This decision overrules a 2014 Obama-era Board decision,...more
On May 21, the U.S. Supreme Court, by a 5 to 4 vote, upheld employers’ use of pre-dispute mandatory arbitration agreements with class action waivers. As promised, we are following up with more thoughts on practical...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The U.S. Supreme this morning issued a 5-4 decision upholding the use of pre-dispute mandatory arbitration programs with class action waivers in the employment setting. In doing so, the Court resolved a split between the...more
In its recent decision in Mosbey-Meachem v. Memphis Light, Gas & Water Division, 883 F.3d 595 (6th Cir. 2018), the Sixth Circuit Court of Appeals held that working from home was a reasonable accommodation for an employee on...more
The Department of Labor (DOL) announced its decision today to rescind two Obama-era guidance letters that aimed to expand the joint employer doctrine and limit the misclassification of workers under the Fair Labor Standards...more
Last Friday, the U.S. Supreme Court agreed to hear the appeal of three cases addressing the enforceability of mandatory arbitration agreements with class action waivers in the employment setting. These agreements require...more
On December 1, 2016, the U.S. Department of Labor's new overtime rule will go into effect. Most significantly, the minimum salary an employee must be paid to qualify for the executive, administrative and professional...more
The U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western states) on Monday joined the Seventh Circuit, and disagreed with the Fifth Circuit, in rejecting a mandatory employment arbitration...more
8/25/2016
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Split of Authority
In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more
7/14/2016
/ Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Consent ,
Corporate Counsel ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Temporary Employees ,
Unions
President Obama on Tuesday announced the U.S. Department of Labor's Final Rule raising the minimum salary basis for certain exemptions from overtime requirements under the Fair Labor Standards Act ("FLSA"). Below are answers...more
Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...more
California often prides itself on setting trends. When it comes to class arbitration waivers, though, California is just now catching up with the rest of the country. Headlined by the U.S. Supreme Court’s ruling in AT&T...more
Some misconceptions are floating around regarding the current status of federal overtime laws.
.Fact: Nothing has actually changed yet.
.Fact: President Obama has ordered the Department of Labor (DOL) to evaluate...more
Companies with employees in California will recall last year's landmark California Supreme Court decision in Brinker v. Superior Court (April 12, 2012), which confirmed that employers need only "permit" hourly employees to...more