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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 13
  • June
  • 2019

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Employment Laws Also Apply to Your Household Caretakers

When you are an employment lawyer who represents management, most of your clients are businesses that have human resources departments. From time to time, however, I am cornered by friends at ball games or cocktail parties who have questions about the individual caretakers who assist them in managing their house, children, and garden, or, for example, the home health aides who might take care of their parents. Do the employment laws that we talk about in this blog apply to them?

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  • 14
  • May
  • 2019

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The Gig Economy In The Crosshairs: The Ninth Circuit Extends Dynamex Retroactively

The battle over the gig economy continues on the West Coast. The Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc., held that the California Supreme Court’s test to determine whether a worker is an independent contractor or an employee, has retroactive effect. In the context of many high-profile IPOs by companies dependent on independent contractors, and legislative efforts by the California legislature, the Vazquez decision adds additional hurdles for California companies looking to take an expansive approach in classifying their workers as independent contractors.

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  • 19
  • March
  • 2019

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New Overtime Rule: It Could Have Been Worse!

Ordinarily, you might expect that the business community would get pretty upset by a proposed rule increasing the minimum salary required for exempt employees under the Fair Labor Standards Act from $23,600 to $35,308. After all, there are quite a few front line supervisors in fast food restaurants and smaller businesses who earn annual salaries in the low thirty thousands, especially in communities with lower costs of living. The proposed regulation will require employers to start paying these employees overtime or raise their salaries to the minimum threshold.

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  • 26
  • February
  • 2019

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How to Do a 30-Minute FLSA Compliance Self-Audit

Avoiding slipping up on the FLSA’s rules and regulations is notoriously difficult, both for small businesses as well as large companies with sophisticated HR and legal teams. If your business hasn’t looked recently at its wage and hour practices, use our quick checklist to performing a high-level, 30-minute desk audit to identify some of the most common blind spots that might need further review. 

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  • 07
  • February
  • 2019

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Offers of Judgment: A Tool for Minimizing Liability in Overtime Cases

As many employers have learned, the biggest liability in many overtime cases brought under the Fair Labor Standards Act (“FLSA”) is often not the unpaid overtime or liquidated damages but the attorneys’ fees that the plaintiff’s attorney is entitled to recover if he prevails on behalf of his client. While a misclassified employee who occasionally worked overtime may only recover a couple of thousand dollars, his lawyer could well end up with a six-figure award.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner