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As many readers of this blog know, the Fair Labor Standards Act (FLSA) allows employees to sue for overtime and minimum wage violations on behalf of themselves and those “similarly situated” in a “collective action.”

The ramifications of the US elections will continue to play out over the coming weeks and months, but the passage of Proposition 22 in California is a clear electoral consequence in the field of employment law.

On September 22, 2020, the Department of Labor (“DOL”) released its long anticipated rule for evaluating independent contractor status under the Fair Labor Standards Act (“FLSA”), which provides a simpler framework for how businesses can lawfully classify workers as independent contractors rather than employees.

Earlier in 2020, we discussed the Department of Labor’s (“DOL”) four-factor test for determining whether an entity could be considered a “joint employer” of an individual even if it is not the entity that payrolls that individual.

As the consequences of COVID-19 and the economic downturn are being more widely felt, employers are increasingly forced to confront tough choices with respect to reduced schedules, employee furloughs and reductions in force.

On Wednesday, March 18, 2020, the U.S. Senate passed the “Phase Two” coronavirus relief bill. Known as the “Families First Coronavirus Response Act,” it was passed by the House of Representatives early Saturday morning, March 14.  President Trump signed it Wednesday evening.

Although the risk of exposure to the Coronavirus (or “COVID-19”) within most U.S. workplaces is uncertain, employers should still review their emergency preparedness plans in response to the potential threat. “Now is the time for employers to evaluate emergency procedures and consider employment-related obligations that may arise in the event that a worker becomes ill,”…

Have you ever considered the possibility that you might be the next person your contract attorney sues? As frightening as that sounds, that’s exactly what happened in the bizarre dispute leading up to a recent Fifth Circuit  decision, Faludi v. U.S. Shale Solutions, L.L.C.

A once niche approach to investing has gone increasingly mainstream: Many investors are weighing environmental, social and governance (ESG) factors as they evaluate public companies. They’re mindful of the reputational and fiscal risks facing businesses that run afoul of modern regulations and ethical standards. But while widespread investor interest in ESG is a relatively recent…

Some people love nothing more than spending a Sunday glued to their TV sets watching football. V&E counsel Chris Bacon feels the same way – about opera. “I love opera,” Bacon said in a recent interview. “My partner Craig and I probably see two dozen live opera performances a year. Our idea of a perfect…

The DOJ Antitrust Division has been threatening at least since 2010 that it may treat “no-poach” or “mutual no-hire” agreements as criminal violations of the antitrust laws.

About a year ago, employers were gearing up for the implementation of the Department of Labor’s updated overtime rules, which would have doubled the baseline salary-level eligibility requirement for…