On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more
2/14/2024
/ ABC Test ,
Class Action ,
Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Wage and Hour
On December 12, 2019, for the first time in 60 years, the U.S. Department of Labor (DOL) announced a final rule clarifying the types of benefits that must be included in determining an employee’s “regular rate of pay” when...more
Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more
12/7/2017
/ Anti-Retaliation Provisions ,
Choice-of-Law ,
Confidential Information ,
Corporate Counsel ,
Employee Benefits ,
Employment Contract ,
Enforcement Guidance ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Posting Requirements ,
Private Right of Action ,
Proposed Legislation ,
Public Policy ,
Residency Status ,
Restrictive Covenants ,
Termination ,
Time Restrictions ,
Trade Secrets ,
Wage and Hour ,
Waiver of Rights ,
Written Agreements
On May 26, 2016, in the matter of Lewis v. Epic Systems Corporation, the U.S. Court of Appeals for the Seventh Circuit held that an arbitration agreement, which required employees to submit to individual arbitration for any...more
Over the past week, the United States Court of Appeals for the Second Circuit (“Second Circuit”) has issued two decisions in which it affirmatively held that: (i) a plaintiff cannot use the “effective vindication doctrine” to...more
8/15/2013
/ American Express ,
American Express v Italian Colors Restaurant ,
Arbitration ,
Arbitration Agreements ,
Citigroup ,
Class Action ,
Class Action Arbitration Waivers ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Vindication of Statutory Rights Doctrine
On February 22, 2013, U.S. District Judge Brian Cogan reversed his prior decision that required a plaintiff to seek court approval of a settlement before her action under the Fair Labor Standards Act (“FLSA”) could be...more