Recent Blog Posts
- Trump Administration’s DOL Rejects Obama-Era Guidance on Independent Contractor Status and Joint Employment Continue Reading… In a move likely to impact employers in a variety of industries, U.S. Secretary of Labor Alexander Acosta announced on June 7, 2017 that the Department of Labor has withdrawn the Administrator’s Interpretations (“AIs”) on independent contractor status and joint employment, which had been issued in 2015 and 2016, respectively, during the tenure of former President Barack Obama.
The DOL advised that the withdrawal of the two AIs “does not change the legal responsibilities of employers under the Fair Labor Standards... More
- Clarity on California’s “Day of Rest” Provisions – Employment Law This Week Continue Reading… Featured on Employment Law This Week: The California Supreme Court has clarified the state’s ambiguous “day of rest” provisions.
The provisions state that, with certain exceptions, employers will not cause “employees to work more than six days in seven.” The state’s high court addressed three questions about this law that had been certified by the U.S. Court of Appeals for the Ninth Circuit. The court determined that employees are entitled to one day of rest per workweek. So, every Sunday marks... More
- California Supreme Court Gives Employers a Break on “Day of Rest” Laws Continue Reading… It is no secret that California’s wage-hour laws are complex and often raise questions that employers, employees and the courts struggle with. As we wrote here more than a year ago, faced with questions regarding California’s ambiguous “day of rest” laws, the Ninth Circuit Court of Appeals threw up its hands and asked the California Supreme Court to clarify those laws.
Among the questions to be answered was one that impacts a great many employers, particularly those in the retail and... More
- Might New “Comp Time” Bill Actually Pass This Time? Continue Reading… A new “comp time” bill that would dramatically change when and how overtime is paid to private sector employees in many, if not most, jurisdictions has passed the House of Representatives. And unlike similar bills that have been considered over the years, this one might actually have a chance of passing. If it can get past an expected Democratic filibuster in the Senate, that is.
“Comp time” – short for “compensatory time” – is generally defined as paid time off that... More
- Can Defendants Obtain Discovery from Each “Party Plaintiff” in a Collective Action? Continue Reading… Since 2000, the number of wage and hour cases filed under the Fair Labor Standards Act (“FLSA”) has increased by more than 450 percent, with the vast majority of those cases being filed as putative collective actions. Under 29 U.S.C. § 216(b), employees may pursue FLSA claims on behalf of “themselves and other employees similarly situated,” provided that “[n]o employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a... More
- District Courts in the Third Circuit Enforce Waivers of Class and Collective Arbitration Continue Reading… On April 3, 2017, a federal district court in New Jersey rejected the National Labor Relation Board’s (“NLRB”) D.R. Horton and Murphy Oil holdings and upheld employee waivers of class and collective arbitration. In dismissing wage and overtime claims brought by an employee of Chili’s Grill & Bar, District Judge Noel Hillman ruled that such mandatory arbitration agreements do not violate the National Labor Relations Act. Cicero v. Quality Dining, Inc., et al, 1:16-cv-05806 (April 3, 2017).
Judge Hillman noted the... More
- Another California Court Confirms There Is No Right To A Jury On Private Attorneys General Act Claims Continue Reading… Persons who live and work outside of California, including employment attorneys and the most seasoned of human resources personnel, are often confounded when they first learn about California’s Private Attorneys General Act (“PAGA”). And, for many, the first they learn about PAGA is when a PAGA lawsuit has been filed against their company.
The same series of questions and answers often follow:
A single individual can file a lawsuit against an employer alleging that all employees were subjected to certain violations of... More
- California District Court Rules That Student Athletes Are Not Employees Continue Reading… A federal district court in California has weighed in on the question of whether student-athletes are employees for the purposes of minimum wage and overtime laws. And, like the courts before it, it has rejected that notion.
In Dawson v. National Collegiate Athletic Association, No. 16-cv-05487-RS (N.D. Ca. April 25, 2017), the United States District Court for the Northern District of California has joined the Seventh Circuit Court of Appeals and other courts in holding that athletes are not employees entitled to... More
- Overtime Rule Remains in Limbo as Fifth Circuit Grants the DOL’s Request for Another Extension Continue Reading… As many will recall, the Department of Labor’s (“DOL”) overtime rule, increasing the salary threshold for overtime exemptions at the behest of the Obama administration, was scheduled to take effect on December 1, 2016. Months later, it remains in limbo before the Fifth Circuit Court of Appeal. And it apparently will remain in limbo for at least several more months.
After publication of the final overtime rule on May 23, 2016, two lawsuits were filed by a coalition of 21 states... More
- Chipotle Defeats Class and Collective Certification Continue Reading… Our colleague Adriana S. Kosovych, associate at Epstein Becker Green, has a post on the Hospitality Employment and Labor blog that will be of interest to many of our readers: “Chipotle Exploits Wide Variation Among Plaintiffs to Defeat Class and Collective Certification.”
Following is an excerpt:
A New York federal court recently declined to certify under Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”) six classes of salaried “apprentices” at Chipotle restaurants asserting claims for overtime pay under New York... More