A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the...more
7/19/2017
/ Class Action ,
Conditional Certification ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Popular ,
Uber ,
Wage and Hour
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more
7/7/2017
/ Administrative Interpretation ,
Advocate Health Care v Stapleton ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Church Plans ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Department of Labor (DOL) ,
Discrimination ,
Electronic Records ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Interlocutory Appeals ,
Joint Employers ,
Medical Marijuana ,
Microsoft v Baker ,
Minimum Salary ,
Misclassification ,
New Legislation ,
NLRB ,
Opinion Letter ,
OSHA ,
Over-Time ,
Popular ,
Public Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title III ,
Travel Ban ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Uber ,
Unfair Labor Practices ,
Website Accessibility ,
White-Collar Exemptions
Earlier this week, the U.S. Department of Labor dropped a bit of a bombshell when it announced the immediate withdrawal of two informal guidance letters issued back when President Obama governed the executive branch. The 2015...more
6/12/2017
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Wage and Hour
In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more
6/8/2017
/ Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Interpretive Opinions ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
NLRA ,
Obama Administration ,
Secretary of Labor ,
Trump Administration
Ruling In Favor Of Independent Contractor Status Provides Boost To Gig Economy -
A federal appeals court in New York handed a massive victory to a car service enterprise yesterday, ruling that a group of workers...more
This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more
The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...more
3/2/2017
/ Class Action Arbitration Waivers ,
Delays ,
Disability ,
Employee Restrooms ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Fry v Napoleon Community Schools ,
Immigration Reform ,
Independent Contractors ,
Over-Time ,
Pay Equity Laws ,
Presidential Nominations ,
Public Schools ,
Regulatory Reform ,
Restroom Legislation ,
Right to Work ,
School Restrooms ,
SCOTUS ,
Secretary of Labor ,
Service Animals ,
Sexual Harassment ,
Strike4Democracy ,
Transgender ,
Travel Ban ,
Trump Administration ,
Uber ,
White-Collar Exemptions ,
Withdrawal
In a pair of sure-to-be controversial decisions, the 4th Circuit Court of Appeals created a new and troubling standard to determine whether individuals should be considered “joint employees” of multiple entities. The new...more
In a disappointing but perhaps unsurprising decision, the 9th Circuit Court of Appeals once again ruled that service advisors employed by automobile dealerships do not qualify for the Section 13(b)(10)(A) overtime exemption...more
Reverse psychology isn’t the only explanation for the title of this article (although, if you’ve made it this far, it seems to have worked). No, another explanation is that 2016 was a very rough year for employers when it...more
12/12/2016
/ Affordable Care Act ,
Arbitration ,
Constructive Discharge ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Joint Employers ,
NLRB ,
OSHA ,
Persuader Rules ,
Reporting Requirements ,
Severance Agreements ,
Standing ,
Unions ,
White-Collar Exemptions
Employers are returning from their Thanksgiving holiday weekend grappling with thorny questions following last week’s surprising and momentous court decision preliminarily blocking the Department of Labor’s overtime rule from...more
In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more
11/23/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, we typically bring you a review of the five biggest stories from previous month. May...more
6/3/2016
/ Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
Constructive Discharge ,
Defend Trade Secrets Act (DTSA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Green v Brennan ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
SCOTUS ,
Spokeo v Robins ,
Transgender ,
Wellness Programs ,
White-Collar Exemptions ,
Zubik v Burwell
A federal appeals court issued a decision on January 5, 2016 that provides valuable lessons to both human resources executives and the businesses they work for. The court upheld the termination of an HR Director after his...more
As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and...more