On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Franchisors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Wage and Hour
According to the requestor, the employer informs its employees in advance that they will be eligible to receive a lump-sum bonus of $3,000 if they successfully complete ten weeks of training and agree to continue training for...more
In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more
10/3/2019
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRB ,
Right to Control ,
State Labor Laws ,
Summary Judgment ,
Wage and Hour
In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more
10/3/2019
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRB ,
Right to Control ,
State Labor Laws ,
Summary Judgment ,
Wage and Hour
Continuing its trend of pro-employer rulings, the National Labor Relations Board (NLRB) ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether...more
In a case of first impression, a divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not...more
9/4/2019
/ Employee Definition ,
Employer Liability Issues ,
First Impression ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Section 7 ,
Taft-Hartley Act ,
Unfair Labor Practices
On July 24, 2019, Chicago passed the Chicago Fair Workweek Ordinance, which will dramatically change how many Chicago employers schedule work....more
8/7/2019
/ Anti-Retaliation Provisions ,
Collective Bargaining Agreements (CBA) ,
Covered Employer ,
Employee Rights ,
Fair Workweek ,
Flexible Work Arrangements ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
State and Local Government ,
Wage and Hour ,
Work Schedules