Insights Search

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.

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.

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…

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…

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…

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…

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…

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…

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…

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…