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Putative Class Members Not Lovin’ It – Court Denies Conditional Certification of Supersized McDonald’s FLSA Class of More Than 1,000

September 23, 2014 | Blog

McDonald’s, the fast food giant known for supersizing its orders, avoided conditional certification of an FLSA collective action this week based on the “very large” size of the putative class.
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Employment Law Summer Recap 2014: Part 7 of 11 - Joey Chestnut Gets Engaged, Wins Yet Another Hotdog Eating Contest and … then Politely Declines to Participate in a Wellness Program?

September 23, 2014 | Blog

61 hot dogs in 10 minutes. Let me repeat: 61 hot dogs in 10 minutes. That’s an incredible 6.1 hotdogs per minute! But for competitive eating champion Joey Chestnut, it was just another day at the office.
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Bloomberg BNA Daily Labor Report: To Unions, McDonald’s Joint Employer Status No Slam Dunk, As Fast Food Push Intensifies

September 22, 2014 | Blog

My colleague Don Schroeder was quoted in Bloomberg BNA’s Daily Labor Report article entitled To Unions, McDonald’s Joint Employer Status No Slam Dunk, As Fast Food Push Intensifies in which he comments on the impact of social media in continued worker organizing efforts and McDonald’s new burden to prove the franchiser
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The Affordable Care Act—Countdown to Compliance for Employers, Week 14: IRS Notice 2014-55 Gets the Employer Shared Responsibility Rules to Play Nice with the Rules Governing Mid-Year Cafeteria Plan Elections, Among Others

September 22, 2014 | Blog

With so much attention being paid to compliance with the Affordable Care Act’s Employer Shared Responsibility rules, it is sometimes easy to forget that these are not the only rules that govern the maintenance and operation of employer-sponsored group health plans. In the case of mid-year cafeteria plan elections, however, the Act and prior law do not mesh well.
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Employment Law Summer Recap 2014: Part 6 of 11 - A Farewell to the BCS and Amateurism in College Athletics (At Least as You Knew It)

September 22, 2014 | Blog

The advent of a playoff system in Division I FBS college football is not the only new change in intercollegiate athletics. After the most active summer in the history of college sports, the following events will have a large effect on compliance going forward
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Employment Law Summer Recap 2014: Part 5 of 11 - Old School’s Frank Ricard and Contractual Statute of Limitations Provisions: I Don’t Know If We’ll Have Enough Time

September 19, 2014 | Blog

“I told my wife I wouldn't drink tonight. Besides, I got a big day tomorrow. . . . Well, um, actually a pretty nice little Saturday, we're going to go to Home Depot. Yeah, buy some wallpaper; maybe get some flooring, stuff like that. Maybe Bed, Bath & Beyond, I don't know, I don't know if we'll have enough time.”
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Employee's LinkedIn Contacts Once Again Become Focus of Trade Secrets Claim

September 19, 2014 | Blog

Following up on the piece I wrote with Jim Ninivaggi, “Whose LinkedIn Profile is it Anyway,” the information contained in an employee’s LinkedIn contacts were discussed in the context of trade secrets in a recent California Federal District Court case, Cellular Accessories for Less, Inc. v. Trinitas.
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Daddy Dearest?: Some Considerations Concerning Paid Parental Leave for Fathers in the United States

September 18, 2014 | Blog

Recently I had a conversation with my father about his options for parental leave when I was born (1979). As a new father myself, I was curious what leave options were open to baby-boomer Dads. My father told me that it was fairly standard to take a day or two off after the birth of a child and to then return to the office, with cigars and tired eyes.
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Employment Law Summer Recap 2014: Part 4 of 11 - Chris Pratt and Unexpected Surprises in Hollywood and the World of California Employment Law

September 18, 2014 | Blog

This summer, those (31?) of us who watched Chris Pratt steal scene after scene in Parks & Recreation saw him ripen into the star we always hoped he’d become. First he charmed audiences as the voice of Emmett in the Lego Movie (you know, the one that easily broke the record for most references that went over your kid’s head in a G-rated movie).
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D.C. the Latest Jurisdiction to Ban the Box

September 17, 2014 | Blog

The District of Columbia is on the verge of joining the 13 other states (and numerous cities and counties throughout the country) that have enacted “Ban the Box” laws prohibiting or limiting an employer from asking job applicant’s about their criminal record.
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Employment Law Summer Recap 2014: Part 3 of 11 - The Decision 2.0: This Time, LeBron Leaves the Right Way; Will Your Employees?

September 17, 2014 | Blog

While it seems like it happened forever ago, it was just back in July when LeBron James once again held this nation captive over where he would play basketball. Four years ago, he jumped ship to Miami to join forces with Dwayne Wade and Chris Bosh, which led to two championships and four straight finals appearances.
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California Employers May Get Ill Over California’s New Mandatory Paid Sick Leave Law

September 17, 2014 | Blog

The collective sobbing you may have recently heard from the west coast of the United States was that of California employers in response to Governor Jerry Brown’s September 10, 2014 signing of AB 1522 – California’s new paid sick leave law called the Healthy Workplaces, Healthy Families Act of 2014.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 15: Can a Plan That Fails to Cover Inpatient Hospitalization Services Provide Minimum Value?

September 16, 2014 | Blog

A recent Washington Post article (“Glitch in health care law allows employers to offer substandard insurance,” September 12, 2014) highlights an Affordable Care Act compliance strategy being marketed heavily (and adopted widely) in industries that traditionally did not previously offer coverage to large cohorts of variable hour and contingent workers.
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Employment Law Summer Recap 2014: Part 2 of 11 - What do the Ice Bucket Challenge and FMLA-Related Lawsuits Have in Common?

September 16, 2014 | Blog

$113.6 million and counting – that’s the total amount donated to the ALS Association since July 29 as a result of the Ice Bucket Challenge. Just to put that fundraising number into perspective, the Association raised around $3 million in the same period last year – a staggering 3,500%+ increase.
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Employment Law Summer Recap 2014

September 15, 2014 | Blog

With Labor Day quickly fading into the distance (tear), we thought it would be a good time to recap some of the employment law (and pop culture) headlines that captured our attention this summer. Follow us over the next 11 days as we examine the challenges that employers faced while many of us were out baking in the sun.
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Employment Law Summer Recap 2014: Part 1 of 11 - FedEx sings Nico & Vinz’s “Am I Wrong”…to Classify Our Drivers as Independent Contractors?

September 15, 2014 | Blog

Those are the opening lyrics to Nico & Vinz’s (catchy would be an understatement) summertime hit “Am I wrong.” The music stations play it so often that my car radio now just automatically turns off in protest.
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Upcoming Webinar on October 8th: Wage & Hour Compliance for the Auto Dealer Industry (CLE credit available)

September 11, 2014 | Blog

Please join us on October 8th, 2014 at 1:00 p.m. for a webinar where we’ll discuss the latest trends in wage and hour compliance matters affecting auto dealerships and how you can develop and implement effective strategies for minimizing exposure to FLSA and state wage and hour claims.
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Government Issues New Rules for Religious Employers, But Health Plans, TPAs, And PBMs Are Still On The Hook To Provide Contraceptive Coverage

September 10, 2014 | Blog

My colleague Bridgette Wiley in the Health Law practice authored a blog post entitled Government Issues New Rules for Religious Employers, But Health Plans, TPAs, And PBMs Are Still On The Hook To Provide Contraceptive Coverage in which she describes new rules that have been established for eligible organizations to take advantage
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Law360: How Employers Can Avoid Getting Blitzed By Fantasy Football

September 8, 2014 | Blog

I was quoted in this timely article by Law360 about fantasy football in the workplace.  Conclusion: it's a workplace reality that's going nowhere, and therefore, employers should address its presence, and do so in a way that meets their business goals, comports with their culture and reduces their exposure.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 16: So What, Exactly, is an “Offer of Coverage”?

September 8, 2014 | Blog

Whether an employer makes the requisite offer of group health plan coverage is critical to the application of the Affordable Care Act’s employer shared responsibility rules as reflected in final implementing regulations issued earlier this year (and see here for a useful IRS summary of those rules).
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