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

  • 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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So Long Side-Hustle? – California Aims to Reshape “Gig Economy” With Bill AB 5

Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.”  If signed into law (and the governor has already signaled his intention to sign it), AB 5 would require many companies to re-classify as “employees” many workers who are currently classified as independent contractors, so long as they satisfy certain criteria. AB 5 could force drastic changes to many companies’ business models, requiring them to abide by state minimum wage laws, and to pay payroll taxes, premiums for workers’ compensation, Social Security, unemployment, and disability insurance for their employees’ benefit. Companies impacted would also need to provide their workers the ability to collectively organize under the protections of federal labor laws. 

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  • 18
  • September
  • 2019

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Finally, Some Good For Employers in the Golden State

With the California legislature’s passage of Assembly Bill 5 on September 11, 2019, which sharply restrains businesses’ use of independent contractors, California businesses welcomed some good news last week from the California Supreme Court with respect to wage and hour claims and agreements to arbitrate in ZB, N.A., et al. v. Superior Court (Lawson) (September 12, 2019).

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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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  • 30
  • April
  • 2019

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Professionals and Managers as Shift Workers

What if companies and firms made flexible work mandatory for all?  What if everyone was given a “shift” to work and knew that otherwise, they were not to respond to the constant emails or calls, but rather could rely upon their “shift relief” to answer?  Would the result be a more fair workplace for all with equality in opportunity and compensation?

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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