News & Analysis as of

Wage and Hour Best Management Practices Employer Liability Issues

Ogletree, Deakins, Nash, Smoak & Stewart,...

Make the Office Holiday Party Merry, Not Litigious

This time of year, there’s no shortage of twinkling lights and memories of corporate holiday parties gone wrong. While pop singers belt out their most festive tunes, here are some tips to make sure your office holiday party...more

McDermott Will & Emery

[Webinar] Return To Work Series: A New Age For Employers – Managing Your Workforce During Periods Of Uncertainty - October 18th,...

McDermott Will & Emery on

Since the COVID-19 pandemic, employers across all industries have experienced various levels of labor imbalance. For many, this led to a boom in hiring. Now, employers are bracing for economic uncertainty, leading to...more

Akerman LLP - HR Defense

Labor Day – More than just Barbecues and Parades

As summer winds downs, employers and employees alike look forward to a leisurely three-day weekend typically spent with family and friends, enjoying the remaining days of summer warmth, perhaps readying kids to go back to...more

Flaster Greenberg PC

Ten Tips for Avoiding Litigation: Tip #5 – Treat Your Employees Fairly and Consistently

Flaster Greenberg PC on

The lifeblood of every business – big, small or in-between – is its employees, aptly called its human resources or human capital. A company can have the most innovative product or service idea in the world, along with a...more

Fisher Phillips

Can We Amazon-Prime An Employee?! How The Gig Economy And Technology Are Changing How Hospitality Companies Hire And Manage Their...

Fisher Phillips on

The surge in popularity of the gig economy in recent years has largely been a positive trend. The gig economy has made it possible for us to Uber from place to place, hire housecleaners or handymen as needed, find a dog...more

Laner Muchin, Ltd.

Governor Signs Illinois Equal Pay Act Amendments: What Comes Next?

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The Illinois General Assembly recently passed a number of bills that will, if signed by Governor Pritzker, create new laws and amend existing laws that will significantly impact all Illinois employers and employees. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Enacts Sweeping Equal Pay Legislation After Decades of Failed Attempts

On May 22, 2019, Colorado governor Jared Polis signed sweeping equal pay legislation into law after nearly 40 years of failed attempts by the Colorado government to pass a pay equity law. The recently signed Colorado Equal...more

Nilan Johnson Lewis PA

Home Health Care Misclassification Lawsuits Rising

Nilan Johnson Lewis PA on

Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage...more

Fisher Phillips

The Potential Perils Of "Managing Through The Payroll"

Fisher Phillips on

Management's already-daunting, time-consuming responsibilities are further complicated by the need to motivate employees to do desirable things and to deter them from doing unwanted things. It is therefore understandable that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Hurricane Ready: 5 Ways Florida Employers Can Prepare for the Next Big Storm

With the peak of hurricane season approaching, the devastating effects of Hurricane Harvey fresh in our minds, and Hurricane Irma intensifying in the Atlantic Ocean with a westward path, Florida employers may want to...more

Dentons

Don't Be Penny Wise and Pound Foolish - Advice for New Employers Regarding Employee Classifications

Dentons on

Entrepreneurs wear many hats, from providing a quality product or service to managing employees. New employers frequently expose themselves to liability when they think that ignorance is a defense that they can use if an...more

Fox Rothschild LLP

Small Businesses Face Big HR Lawsuits

Fox Rothschild LLP on

Every morning, while enjoying my Starbucks and settling in to the day, I take a peek at the labor & employment dailies to see what’s happening in the exciting world of employment law…Clearly, I need to get out more, but I...more

Buchalter

Preparing for 2016: The Fair Pay Act

Buchalter on

As the seasons change and 2015 comes to a close, employers should take note of a particular change coming to California’s legal landscape in 2016: the Fair Pay Act (“FPA”). On October 6, 2015, Governor Jerry Brown signed...more

Poyner Spruill LLP

Documenting Efforts to Comply with the FLSA May Help Limit Damages Exposure

Poyner Spruill LLP on

With all of the media attention on imminent changes to the Fair Labor Standards Act (FLSA) and the incredible increase in wage and hour litigation, it is a good time to review employees’ exempt/non-exempt classification and...more

PilieroMazza PLLC

The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home

PilieroMazza PLLC on

With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Williams Mullen

Department of Labor Publishes Guidance on Employee Misclassification

Williams Mullen on

In recent years, various initiatives and enforcement efforts on both the state and federal level have arisen in an attempt to combat the misclassification of employees as independent contractors. Misclassification occurs when...more

Dorsey & Whitney LLP

DOL Issues Guidance Reminding Employers That “Most Workers Are Employees”

Dorsey & Whitney LLP on

On July 15, 2015, the U.S. Department of Labor (“DOL”) issued an important Administrator’s Interpretation discussing the misclassification of employees as independent contractors. Many companies engage independent...more

Fisher Phillips

Come To Work And…Get Some Sleep?

Fisher Phillips on

Once upon a time, falling asleep at work was one of the best ways to get fired. Now, however, snoozing employees may not just have to be tolerated, they may need to be paid as well! How did we get to such an absurd point?...more

Kelley Drye & Warren LLP

Even If You Don’t Give Manicures – What All Employers Can Learn From Nail Salons

Many have been surprised and appalled with the recent series of articles in the New York Times exposing the alleged mistreatment of workers at nail salons. What struck me was how these articles should be a wake-up call for...more

Hinshaw & Culbertson LLP

California Court Allows Employee to Disaffirm Arbitration Agreement Due to Age

We thought we'd heard everything! This is a new one, that's for sure. It's no secret that employees try to wiggle out of arbitration agreements all of the time. There are the usual digs: the agreement was buried in the middle...more

Franczek P.C.

Some Additional Thoughts on "Half-Time" Overtime: The Fluctuating Workweek Method

Franczek P.C. on

Last week, we discussed the fluctuating workweek method and its possible benefits. Remember that the fluctuating workweek method is not a "save lots of overtime expenses method." Employers who use the fluctuating workweek to...more

Foley Hoag LLP

Employing Workers in Massachusetts: A Guide for Emerging Companies

Foley Hoag LLP on

At some point, every emerging company must identify and retain people to work for the business. The founders or owners of the business recognize that they cannot do it alone, and they need to bring on talented individuals to...more

Franczek P.C.

Employee's Failure to Report Off the Clock Work Not a Total Defense Says 11th Circuit

Franczek P.C. on

Last summer, we highlighted an example of how good recordkeeping practices can result in a favorable decision. In the Kaiser Foundation Health Plan case, the employer successfully defended an “unauthorized overtime” claim...more

Cozen O'Connor

If You Are Planning Layoffs – Here Are Five Things You Need to Know

Cozen O'Connor on

Unfortunately, when the price of oil goes down, the employment numbers also move downward in Houston. Many clients in the oil and gas industry are either planning or considering downsizing measures, which means that it is a...more

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