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Managing the Modern Workplace
Managing the Modern Workplace

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.

Managing the Modern Workplace

September 24, 2020
Managing the Modern Workplace
Managing the Modern Workplace

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.

Managing the Modern Workplace

September 16, 2020
Coronavirus: Preparation & Response
Coronavirus: Preparation & Response

Most employers reimburse their employees for money spent on meals, hotels and other expenses during work trips as business expenses, but few have given thought to reimbursing employees for employee costs incurred at home, including for internet, electricity, printer ink, etc., because those have traditionally been considered personal expenses.

Coronavirus: Preparation & Response

Managing the Modern Workplace

September 9, 2020
Coronavirus: Preparation & Response
Coronavirus: Preparation & Response

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.

Coronavirus: Preparation & Response

Managing the Modern Workplace

March 19, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Over the last two months, we have seen two new “Joint Employer” rules issued, the first in January, when the Department of Labor issued a new joint employer rule for Fair Labor Standards Act (FLSA) cases, previously discussed here.

Managing the Modern Workplace

March 10, 2020
Managing the Modern Workplace
Managing the Modern Workplace

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.

Managing the Modern Workplace

February 20, 2020
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

January 21, 2020
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

December 10, 2019
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

November 5, 2019
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

September 26, 2019
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

June 13, 2019
Managing the Modern Workplace
Managing the Modern Workplace

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…

Managing the Modern Workplace

May 14, 2019