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Overtime Proposed Rule Will Result in "Hard Choices" for Some Employers (SHRM)

July 21, 2015 | Blog

Allen Smith at SHRM Online continues his coverage of the DOL's proposed overtime rules in this latest article, "Overtime Proposed Rule Will Result in 'Hard Choices' for Some Employers," which looks at the difficult choices employers are facing in deciding how best to cope with the expected new rules.
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AT&T “Prisoners” Can’t Escape Common Sense: D.C. Circuit Shackles NLRB T-shirt Decision

July 21, 2015 | Blog | By David Katz

In a refreshing decision for employers, the D.C. Circuit Court of Appeals earlier this month tossed an eyebrow-raising NLRB decision which permitted AT&T customer-facing and publicly visible technicians to wear faux prison garb in customers’ homes and in public.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 1 of 24)

July 20, 2015 | Blog

Alden Bianchi, Chair of the Employee Benefits & Executive Compensation Practice, will provide a weekly installment on the complex reporting obligations outlined by the Affordable Care Act for health insurance carriers and employers.
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Can a Move to California Invalidate a Non-Compete?

July 17, 2015 | Blog | By Jennifer Rubin

It turns out the answer to this question depends on the reason for the move and whether California law applies to the contract. We all know that California is finicky when it comes to non-competes – so much so that generally speaking, non-competes aren’t valid in California.
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DOL Releases Guidance Indicating That Independent Contractor Classification is Restricted to a Narrow Class of Workers

July 16, 2015 | Blog | By George Patterson

The DOL is at it again.  First it was the highly-anticipated release of the proposed overtime rules a few weeks ago, and now the Department’s Wage and Hour Division has issued an “Administrator’s Interpretation” – its first of the year – clarifying the Department’s views on the appropriate analysis for classifying workers as employees or independent contractors.
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Post-Employment Covenants: Is an Inducement to Smile An Inducement to Cancel?

July 15, 2015 | Blog | By Jennifer Rubin

A recent Circuit Court case confirms that the term “non-inducement” means just that.
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Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

July 14, 2015 | Blog

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown.  Failure to investigate all good faith complaints of harassment can result in serious liability for the employer under the anti-discrimination statutes.
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DOL Questions About Duties Tests Should Concern Employers (SHRM)

July 10, 2015 | Blog

One of the most disconcerting things about the DOL's proposed rule release was that it failed to provide any real clarity on its stance regarding the job duties test.  Rather than set forth concrete proposed changes for comment, the DOL asked a series of questions on whether it should in fact modify the job duties test, and if so, how.
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Corporate Divorce: No Fault Employment?

July 9, 2015 | Blog | By Jennifer Rubin

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends.
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Purchaser of LLC Units May Enforce Non-Compete Without Employee Consent

July 9, 2015 | Blog | By Jennifer Rubin

As ubiquitous as limited liability company interests may be these days, litigants are still arguing over whether the sale of LLC membership units is like the sale of stock.  When a stock sale takes place, the new owners of the stock simply fill the shoes of the old stockholders.
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Fifth Circuit Continues to Permit Wage Claim Waivers in Private Settlements, But Only Where a Bona Fide Dispute Exists

July 7, 2015 | Blog | By Robert Sheridan

A Federal Appeals Court recently confirmed that under certain circumstances, parties may privately settle and release claims under the Fair Labor Standards Act.  A generic release contained in a settlement agreement won’t do it; instead, the parties must cite to a bona fide dispute regarding wages in the settlement agreement.
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Recent Federal Appellate Decisions Acknowledge Limits on Employer’s Obligation to Engage in ADA Interactive Process

July 7, 2015 | Blog | By George Patterson

Employers are generally aware of the obligation under the Americans with Disabilities Act to engage in an “interactive process” with employees who require accommodations in order to perform their duties, but identifying the point at which this obligation is met is far from an exact science.
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The Impact of King v. Burwell on "Applicable Large Employers"

July 6, 2015 | Blog

Reports in the popular media portrayed King v. Burwell as a case involving premium tax subsidies used to purchase health insurance from public exchanges or marketplaces under the Affordable Care Act (ACA).
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Uncertain Future for Non-Compete Agreements in Massachusetts: Legislators Seek Compromise

July 6, 2015 | Blog

On June 23rd, the Massachusetts Joint Committee on Labor and Workforce Development met to consider legislation relating to the legality and enforcement of non-compete agreements.
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Corporate Divorce: Property (Re)Distribution

July 2, 2015 | Blog | By Jennifer Rubin

Who gets what in a break-up? I’ve addressed the employment break-up and the metaphorical marriage contract in my corporate divorce series, but what about the distribution of property when employment ends?
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Law360: Uber Ruling Puts Sharing Economy’s Business Model In Limbo

July 2, 2015 | Blog

My colleague, Jennifer Rubin, was quoted in this article by Law360 on the impact of the California Labor Commissioner's recent ruling regarding Uber's classification of its drivers as independent contractors.
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Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds

July 2, 2015 | Blog

The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees.  The Court announced an employer-friendly test that asks who benefits more from the internship – if it’s the individual, then classification as an employee entitled to minimum wage and overtime is not necessary.
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Department of Labor Releases Proposed FLSA Overtime Rules Changes; Final Rule Expected to Impact Millions

June 30, 2015 | Blog | By George Patterson

The Department of Labor has released its long-awaited notice of proposed rulemaking updating the Fair Labor Standards Act’s white collar overtime exemptions.  The DOL released the proposed rule on Tuesday morning and will invite interested parties to submit written comments over the next two months.
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Jury Hits Employer With $2.2 Million Verdict For GINA Violations in Workplace Defecator Case

June 29, 2015 | Blog | By George Patterson

In a previous post we discussed the Northern District of Georgia’s decision in Lowe v. Atlas Logistics Group Retail Services, LLC, (N.D.Ga. May 5, 2015), holding that an employer violated the Genetic Information Nondiscrimination Act (“GINA”) by obtaining DNA samples from two employees it suspected of repeatedly defecating in a company warehouse.
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Federal Guidance on Independent Contractors on Its Way This Summer

June 29, 2015 | Blog

Recently, Wage and Hour Division (WHD) Administrator David Weil announced that the DOL would issue an “administrator interpretation” letter early this summer on how an employer can best address whether an individual qualifies as an independent contractor.
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