Employers likely have lots of questions as you try to understand the FTC’s new non-compete ban. After all, non-competes have become a tool for businesses of all types and sizes, and if the rule survives legal challenges, it...more
Everyone knows that noncompete agreements are generally unenforceable in California and there’s not much more to be said, right? California lawmakers think differently and thus have taken steps to equip employees with new...more
Minnesota is poised to become the fourth state – together with California, North Dakota, and Oklahoma – to enact a near-total ban on the use of non-compete restrictive covenants. The Minnesota legislature passed an omnibus...more
Does your company have non-competes, non-solicitation agreements, or other restrictive covenants in place with employees? If so, you’ll want to review these agreements in light of recent developments. Notably, we are seeing...more
Various factors have created a workplace phenomenon that is both underreported and underestimated: an aging workforce and increasing incidence of age discrimination. As people in this country are living longer, the cost of...more
As I wrote previously, it is no secret that labor laws have been unable to keep pace with the changing economy, despite challenges from the bench to address the needs of the gig economy. Certain state legislatures (e.g....more
1/15/2019
/ 1099s ,
Employee Benefits ,
Freelance Workers ,
Gig Economy ,
Income Taxes ,
Independent Contractors ,
Labor Relations ,
Legislative Agendas ,
Portable Benefits ,
Regulatory Agenda ,
State Labor Laws ,
Tax Code ,
Tax Reform ,
Wage and Hour
The California Supreme Court issued its long-awaited decision in Dynamex Operations West, Inc. v. Superior Court last week. The weight of the court’s decision to apply a three-prong test to determine whether a worker is an...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Information Technology ,
Misclassification ,
On-Demand Services ,
Right to Control ,
Wage and Hour
Offering health, retirement, and workers’ compensation benefits to the varied gig workforce, while maintaining some affordability to the worker while also avoiding the 30 percent cost increase to businesses, has proven to be...more
2/20/2018
/ Collective Bargaining ,
Employee Benefits ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Popular ,
Portable Benefits ,
Private Sector ,
Professional Employer Organization ,
Unions ,
Wage and Hour
It is no secret that labor laws have been unable to keep pace with the changing economy. Recently, however, it appears the effort to spur change has been resuscitated, as proposals come in from the left (former SIEU head...more
In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more
10/7/2017
/ Discovery ,
Employer Liability Issues ,
Expedited Discovery ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Motion for Summary Judgment ,
On-Call Employees ,
Ridesharing ,
Uber ,
Wage and Hour
Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more
9/8/2017
/ Anti-Retaliation Provisions ,
Class Action ,
Collective Actions ,
Corporate Counsel ,
Employee Training ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
NLRA ,
NLRB ,
Restaurant Industry ,
Retailers ,
Retaliation ,
Right of Access ,
Section 7 ,
Trespass ,
Unpaid Wages ,
Wage and Hour
It is no secret to hospital and other healthcare employees that their workplace is no longer a guaranteed safe zone. In fact, recent statistics released by the Occupational Safety and Health Administration (OSHA) indicate...more
8/4/2017
/ Employee Training ,
Employment Policies ,
Healthcare Facilities ,
Healthcare Workers ,
New Legislation ,
OSHA ,
Privacy Policy ,
Recordkeeping Requirements ,
Social Services ,
State Labor Laws ,
Workplace Violence