Eighth Circuit Reverses Dismissal of Putative Class Claims
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
The Dangers of Untimely Filings – What Employers Need to Know
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
Podcast: South Dakota v. Wayfair
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
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
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
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
The Ninth Circuit sent shockwaves through the franchise industry in ruling that last year’s California Supreme Court decision broadening who may bring wage misclassification claims (Dynamex v. Superior Court) applied...more
On Feb. 1, 2019, the Occupational Safety and Health Review Commission (OSHRC) reversed an OSHA citation issued to Suncor Energy (U.S.A.) Inc., as the controlling employer, for a fall protection violation. In this ruling, the...more
A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more
Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more
On September 14, 2018, the National Labor Relations Board released a draft rule that would reverse the NLRB’s 2015 decision in Browning-Ferris, 362 NLRB No. 186 (2015). ...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme...more
This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more
In what employers are sure to hope is just a temporary—but stinging—setback, the National Labor Relations Board today vacated its December ruling that had freed employers from having to deal with an unworkable and expansive...more
Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more
On December 14, 2017, the National Labor Relations Board (Board) in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) expressly overruled the divisive joint-employer standard adopted by Browning-Ferris...more
Peter B. Robb took over as General Counsel of the National Labor Relations Board ("Board") on November 17, 2017, and soon after issued an official memorandum signaling his intention to reexamine Board precedent from the prior...more
Recent NLRB Developments - This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more
Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to...more
• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more
Just hours before Chairman Miscimarra’s tenure is to end, the National Labor Relations Board (NLRB) has issued two decisions with sweeping impact. Together, they overturn many of the Obama Board’s most controversial decisions...more
The National Labor Relations Board, composed of a Republican majority for the first time in more than ten years, acted quickly to reverse the controversial 2015 Browning-Ferris Industries decision which had drastically...more
A stark break with precedent for the National Labor Relations Board, first signaled by the Republican-appointed General Counsel Peter Robb two weeks ago in an advice memorandum (GC 18-02), came to fruition this week. With a...more
The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining...more
This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more
Until recently, there has been inconsistency as to what constitutes a “joint employer” under the Fair Labor Standards Act (FLSA). Under the FLSA, “joint employment” exists when “employment by one employer is not completely...more