In recent court filings in several ongoing lawsuits, the Department of Labor (DOL) has indicated that it will reconsider its 2024 independent contractor rule issued by the Biden Administration and may issue a new rule. The...more
President Donald Trump has nominated Andrew Rogers to lead the Department of Labor’s (DOL’s) Wage and Hour Division (WHD). He also nominated Jonathan Berry to serve as solicitor of labor. Trump sent the nominations to the...more
The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more
1/29/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Department of Labor (DOL) ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Interlocutory Appeals ,
Rulemaking Process ,
Trump Administration
Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more
1/16/2025
/ Appeals ,
Burden of Proof ,
EMD Sales Inc v Carrera ,
Employee Rights ,
Employment Litigation ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
SCOTUS ,
Wage and Hour
The Supreme Court on Monday, Jan. 13, 2025, declined to take up a decision addressing the president’s authority under the Procurement Act to issue a minimum wage mandate for employees working on federal government contracts....more
1/15/2025
/ Biden Administration ,
Constitutional Challenges ,
Denial of Certiorari ,
Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Labor Regulations ,
Minimum Wage ,
SCOTUS ,
Wage and Hour
An administrative assistant, who regularly made three to five telephone calls out of state per week to her employer’s clients and vendors, may have sufficiently engaged in interstate commerce to establish “individual...more
With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more
2/19/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Duty of Care ,
Educational Institutions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Identity ,
Health and Safety ,
Infectious Diseases ,
Negligence ,
Reimbursements ,
Remote Working ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Employees ,
Students ,
Tuition ,
Universities ,
Workplace Safety
Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more
8/6/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Class Action ,
COBRA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retention ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Layoffs ,
No-Poaching ,
OSHA ,
Personal Protective Equipment ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Wage and Hour ,
WARN Act ,
Workplace Safety
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: -
Are you my employer?
A...more
12/13/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Sex Discrimination ,
Sexual Harassment ,
Unpaid Interns ,
Wage and Hour
Concluding that the unstructured time spent by the plaintiffs between arriving at the oil refinery and the beginning of their shifts was not “integral and indispensable” to their duties erecting scaffolds at the refinery, the...more