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

Whose Employees are They Anyway? DOL Issues New Rule on Joint Employers

Last week, the Department of Labor issued a new, final rule defining the test needed to determine joint employment status under the Fair Labor Standards Act (FLSA). The rule narrows the factors which agencies and courts should consider in finding this status, and it offers employers a certain amount of clarity on the doctrine. This adds to the continued attempt to divine the term “employee” under U.S. law that we have addressed in the past (e.g., here and here).

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  • 10
  • December
  • 2019

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Unfortunately, A Bit of Ebenezer Is Needed When Giving Christmas Bonuses

Although they are not as common as they once were, employees in many workplaces still expect a bonus at this time of the year, and many employers, hoping to not disappoint, give their employees something like a fixed-dollar amount or the equivalent of one week’s base pay to celebrate the holiday season. While tradition can be a good thing, when it comes to bonuses (holiday or otherwise), employers often fail to consider the effect that regular bonuses may have on a non-exempt employee’s compensation if the employee has worked any overtime during the year.

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  • 05
  • November
  • 2019

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Call on Me: Properly Compensating the On-Call Employee

While firefighters and plumbers have long been used to it, more and more office employees are being required to be remain “on-call” outside normal work hours in order to accommodate the business needs of their employer. It may be an IT employee who is asked to remain on call to offer help to any executive who is unable to log-in at his or her home over the weekend, an administrative professional who is asked to standby in case a lawyer needs help with an emergency motion, or an in-house travel assistant who is asked to remain available to resolve an employee’s unanticipated flight cancelations.

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  • 26
  • September
  • 2019

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After a Long Delay, the DOL Issues a New Overtime Rule

In November 2016, a Texas federal judge enjoined the Obama administration’s regulations that sought to raise the salary-level requirement for white collar exemptions under the Fair Labor Standards Act from $23,660 to $47,476. Rather than appeal the injunction, the new Trump administration instead chose to withdraw the regulations so that they could be reconsidered.

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  • 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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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