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
Gig economy companies in Texas were on the receiving end of two pieces of good news in the last several weeks. Most recently, the state legislature passed and the governor signed into law a bill that will all but assure...more
The White House released the details of President Trump’s proposed budget today, and if the president has his way, employees will be eligible to receive up to six weeks of paid parental leave by the year 2020. However,...more
New presidents are often judged based on their accomplishments in their first 100 days in office. President Trump is no exception to that rule. The Trump administration recently passed that milestone date, offering an...more
5/4/2017
/ Affirmative Action ,
Blacklist ,
Buy American Act ,
Data Security ,
Domestic Hiring Policy ,
EEO-1 ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Immigration Reform ,
Labor Relations ,
LGBTQ ,
Neil Gorsuch ,
OSHA ,
Over-Time ,
Pay Equity Laws ,
SCOTUS ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
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
Late last week, a federal court judge in California approved a settlement agreement whereby ride-sharing company Lyft agreed to pay $27 million to approximately 95,000 California drivers who alleged they were misclassified as...more
After his initial selection of Andrew Puzder was scuttled by staunch opposition from Democrats and worker advocates, President Trump nominated Alexander Acosta to be the country’s next Secretary of Labor. This Cabinet-level...more
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
While the federal minimum wage has remained steady at $7.25 for the past seven years, many state and local jurisdictions have set their own minimum rates higher than the federal level. And, of course, when a local...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
In a somewhat surprising development, a federal court in Texas blocked the government from implementing most of the federal contractor “blacklisting” rules that were slated to go into effect on October 25, 2016. The final...more
Workplace law was once again a topic of discussion during last night’s third and final presidential debate between Hillary Clinton and Donald Trump. While not covered as extensively as during the first debate on September 26,...more
The New York Times reported yesterday that two Uber drivers were awarded unemployment benefits by the New York State Department of Labor. While the rulings were made earlier this summer in August and September, they had not...more
A few days ago, Uber won a significant battle when the 9th Circuit Court of Appeals overturned a lower court’s decision and upheld the company’s arbitration agreements. No doubt about it, this is a big win. You might remember...more
In a surprising development, a federal court judge rejected a proposed settlement yesterday which would have seen gig giant Uber pay up to $100 million to resolve a series of legal claims challenging its classification model,...more
Here is a link to an awesome infographic that explains how the gig economy works. It comes from a recent Business Insider post entitled, “This awesome infographic explains how the 'gig economy' works.” I think you’ll find it...more
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, here is a quick review of the five biggest stories from last month that all employers...more
5/3/2016
/ EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Freedom of Religion ,
Heffernan v City of Paterson ,
Independent Contractors ,
LGBTQ ,
Misclassification ,
Parental Leave ,
Public Employees ,
Restroom Legislation ,
SCOTUS ,
Uber ,
Wage and Hour
Sure, you’ve probably made a list of a few resolutions for 2016 already. Maybe you’re going to dust off that gym membership, cut back on junk food, clean out the garage, save more money, or visit some far off locale in the...more
A number of states and local jurisdictions will raise their minimum wage in 2016; here is the latest information on what to expect in the new year....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
The first Monday in October is the traditional first day of a new U.S. Supreme Court term. As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers. Here is a review of...more
9/30/2015
/ Affirmative Action ,
Background Checks ,
Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
College Admissions ,
Colleges ,
Constructive Discharge ,
Discrimination ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Fisher v University of Texas ,
Friedrichs v CA Teachers Association ,
Green v Brennan ,
Hiring & Firing ,
Public Employers ,
Public Schools ,
Public Sector Unions ,
Race Discrimination ,
SCOTUS ,
Spokeo v Robins ,
Statute of Limitations ,
Strict Scrutiny Standard ,
Text Messages ,
Tyson Foods v Bouaphakeo ,
U.S. Navy ,
Universities ,
Wage and Hour
President Obama used Labor Day 2015 to send a strong signal about his domestic priorities, signing an Executive Order which will require federal contractors and subcontractors to provide their workers up to seven or more days...more
When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous...more