On October 10, 2019, California Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), which prohibits California employers from requiring prospective and current employees to “waive any right, forum, or...more
On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Franchisors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Wage and Hour
According to the requestor, the employer informs its employees in advance that they will be eligible to receive a lump-sum bonus of $3,000 if they successfully complete ten weeks of training and agree to continue training for...more
In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more
10/3/2019
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRB ,
Right to Control ,
State Labor Laws ,
Summary Judgment ,
Wage and Hour
In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more
10/3/2019
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRB ,
Right to Control ,
State Labor Laws ,
Summary Judgment ,
Wage and Hour
Continuing its trend of pro-employer rulings, the National Labor Relations Board (NLRB) ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether...more
In a case of first impression, a divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not...more
9/4/2019
/ Employee Definition ,
Employer Liability Issues ,
First Impression ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Section 7 ,
Taft-Hartley Act ,
Unfair Labor Practices
On July 24, 2019, Chicago passed the Chicago Fair Workweek Ordinance, which will dramatically change how many Chicago employers schedule work....more
8/7/2019
/ Anti-Retaliation Provisions ,
Collective Bargaining Agreements (CBA) ,
Covered Employer ,
Employee Rights ,
Fair Workweek ,
Flexible Work Arrangements ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
State and Local Government ,
Wage and Hour ,
Work Schedules