Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards | Texas Appellate Law Podcast
Inside the Fourth Court of Appeals’ Clerk’s Office | Michael Cruz | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Supreme Court Miniseries: Tribal Rights in the 21st Century
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
AGG Talks: Home Health & Hospice - Reimbursement Audits and Appeals
After ALJ: Options and Opportunities in the Face of an Unfavorable ALJ Decision
Understanding the SCOTUS Shadow Docket | Steve Vladeck | Texas Appellate Law Podcast
Podcast: The Legal Battle Over Mifepristone - Diagnosing Health Care
Checking in On the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Law Brief®: Rich Schoenstein and New York State Senator Luis Sepúlveda Discuss The Chief Judge Controversy
Appellate Justice for Domestic Violence Survivors
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast
Podcast: California Employment News - Time to Do Away With Rounding Policies
Two Federal Courts Deal Blow to Biden Administration’s Federal Student Loan Forgiveness Program: A Close Look at the Decisions
This Am Law 50 senior counsel cements his authority through two appellate analytics blogs - Legally Contented Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Reflections on 100 Episodes | Texas Appellate Law Podcast
On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed its appeal of a federal district court’s decision vacating the NLRB’s 2023 joint employer final rule. After the U.S. District Court for the...more
The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more
As most employers are aware, last year the National Labor Relations Board (NLRB or “the Board”) published its final rule on joint employer status (the “Final Rule”). The Final Rule focuses on shared control, including...more
On March 8, just three days before the National Labor Relations Board’s (the “Board”) new joint-employer standard was set to take effect, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas...more
One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more
As a matter of first impression, on April 7, 2022, a U.S. Court of Appeals for the Ninth Circuit panel held that two related employers may be treated as one integrated employer to meet the 15-employee headcount threshold...more
The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for...more
Just in time for the holidays, the National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo (GC Abruzzo), has revealed her hand on two specific and oft-debated issues to be taken up by the Board in 2022. While...more
On September 10, 2021, the California Court of Appeal broadened the test for joint employment in California, lowering the bar for what constitutes sufficient control by business over its vendor’s employees’ wages and working...more
In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more
Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fifth Circuit Reverses Trial Court’s Excusal of Area Representative’s Tardy Renewal Notice -...more
Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more
In another twist to the joint employer saga, a United States District Court in New York voided the Department of Labor’s (“DOL”) new rule for joint employment. Eighteen (18) states and the District of Columbia brought a...more
On September 8, a federal judge in the Southern District of New York vacated a portion of the U.S. Department of Labor’s regulations narrowing the scope of “joint employer” status under the Fair Labor Standards Act. According...more
Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020) - Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...more
A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division...more
On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more
The U.S. Department of Labor’s new joint employment regulations appear to provide franchisors and some other contractual business arrangements with protections against wage claims from workers not employed by them. However,...more
This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more
Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary: Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more
On October 1, 2019, the 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th...more
The U.S. Court of Appeals for the Ninth Circuit ruled that McDonald’s is not a joint employer with a franchisee under the definitions found in California Wage Order 5-2001, as it did not have direct control over the store...more
Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more
In a major victory for franchisors, a panel of the Ninth Circuit recently held that McDonald's Corporation cannot be liable as a joint employer for the wage and hour violations of its franchisees. Importantly, the court held...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