The DOL’s new rule is currently blocked while the DOL, employers, attorneys representing management, and labor consultants remain in a state of limbo. This article was published in the July 12, 2016, issue of Law360. [...]
Category: Employment Law
Court of Appeals upholds an NLRB decision holding that class and collection action waivers in arbitration agreements are unlawful and unenforceable. This article was published in the May 26, 2016, issue of the National Law [...]
Failure to Timely and Thoroughly Investigate Sexual Harassment Claims May Cost You
February 3, 2016
Employment Law
A Sixth Circuit ruling reaffirms to employers the importance of taking seriously an employee’s claim of sexual harassment. This article was published in the February 15, 2016,, issue of the National Law Review. The [...]
The proposed rule would dramatically expand the scope of required disclosures by employers. This article was published in the January 29, 2016, issue of the National Law Review. A little-known (or perhaps forgotten) fact is [...]
Joint Employment: NLRB Ruling Poses New Risks for Employers
September 22, 2015
Employment Law
Companies that contract with other companies to provide workers may be tagged as “joint employers” liable for issues not of their own making. For employers dealing with worker relationships, federal and state employment [...]
Employee Misclassification and the “Economic Realities” Test
September 12, 2015
Employment Law
A worker who performs a function that is an “integral part” of the employer’s business is less likely than ever to be treated as an independent contractor. In a recent regulatory pronouncement discussing the Fair Labor [...]
Employee or Independent Contractor? U.S. Department of Labor Provides New Guidance
July 16, 2015
Employment Law
Under the broad definitions of the Fair Labor Standards Act (FLSA), most workers are employees. This article was published in the July 15, 2015, issue of The National Law Review. The debate over worker classification of [...]
The national movement behind increasing minimum wages comes after several cities such as San Francisco, Los Angeles, and Seattle already started down a path toward a $15.00 per hour minimum wage. This article was published in [...]
In Sickness and in Health: Paid Sick Leave Comes to California July 1, 2015
June 17, 2015
Employment Law
If you have at least one employee working in California, you are a covered employer under that state’s paid sick leave law. This article was published in the June 24, 2015, issue of the National Law Review. The right [...]
NLRB Takes Aim at Employee Handbooks
March 23, 2015
Employment Law
Overly broad handbook provisions threaten employee rights to engage in “protected concerted activity,” NLRB report warns. On March 18, 2015, the National Labor Relations Board (NLRB) General Counsel issued a report [...]