The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more
5/2/2019
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
The U.S. Department of Labor (DOL) has kept employers on their toes this spring. During March and the early part of April, the DOL has engaged in a flurry of activity using its rulemaking authority and non-binding opinion...more
The Department of Labor (DOL) on March 7, 2019, released a long-awaited proposal to increase the minimum annual salary threshold to $35,308 for employees to be exempt as executives, administrative, or professional employees. ...more
3/11/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
More than 40 years after the U.S. Supreme Court's decision in NLRB v. Weingarten Inc., the National Labor Relations Board's (NLRB) recent decision in Circus Circus Casinos Inc. serves as a good reminder for employers...more
The U.S. Department of Labor (DOL) on July 13, 2018, issued a Field Assistance Bulletin to its enforcement administrators, explaining how to determine if and when caregiver and nurse registries should be deemed employers...more
Pennsylvania's Department of Labor and Industry (PA DOL) released proposed regulations that would alter when an employee can be classified as exempt from overtime wages under Pennsylvania law in two important ways...more
The Court overruled the 41-year-old decision in Abood v. Detroit Bd. of Ed., 431 U. S. 209(1977), which had authorized such mandatory fees, declaring that the state's extraction of agency fees from non-consenting...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
Stare Decisis ,
Union Dues
The U.S. Court of Appeals for the Third Circuit has issued its much anticipated precedential opinion upholding denial of a preliminary injunction against a Pennsylvania school district's policy allowing transgender high...more
6/22/2018
/ Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Preliminary Injunctions ,
School Restrooms ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Students ,
Title IX ,
Transgender
In a unanimous ruling on February 21, the U.S. Supreme Court narrowed the definition of a whistleblower under the Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act)....more
3/1/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more
2/16/2018
/ Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Mileage Reimbursement ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Uber ,
Wage and Hour
The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more
Pennsylvania Governor Tom Wolf announced his administration's plan to update state overtime pay regulations, including a substantial increase in the salary an employee must earn to be exempt from overtime pay under state law....more
The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more
The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more
In a landmark decision, the Seventh Circuit has become the first federal court of appeals to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination against individuals because of their sexual...more
Public employees in three different federal circuits filed lawsuits this week challenging the constitutionality of public unions' right to require nonmembers to pay agency fees (also known as "fair share" fees). The...more
The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more
12/8/2016
/ College Athletes ,
Educational Institutions ,
Employee Definition ,
Employees ,
Fair Labor Standards Act (FLSA) ,
NCAA ,
Remuneration ,
School Sports ,
Student Athletes ,
Universities ,
Wage and Hour
A federal judge in Texas has granted a nationwide preliminary injunction sought by several business groups and states preventing the U.S. Department of Labor (DOL) from enforcing its new overtime rules, which had been set to...more
The U.S. Department of Labor (DOL) announced a final rule Thursday requiring federal contractors to provide paid sick leave to employees who work on or in connection with certain federal contracts. The final rule implements...more
Earlier this month, the National Labor Relations Board (NLRB) General Counsel instructed the agency's regional offices to report any complaints they issue against federal contractors to labor compliance officers. These...more
A Texas federal judge issued a nationwide preliminary injunction this week barring the Department of Labor (DOL) from enforcing its Persuader Rule, which was set to take effect on July 1, 2016. This is the second federal...more
Beginning July 7, 2016, employers in Philadelphia may not consider credit history or other credit-related information for job-related decisions for many non-managerial jobs. This change stems from an amendment to the Fair...more
The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016—will...more
In today's economy, organizations are increasingly looking to nontraditional sources of labor, including use of leased, outsourced, and other staffing arrangements that involve individuals who may not be on the organization's...more
4/7/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Indemnification ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Title VII ,
Wage and Hour ,
Young Lawyers
Many employers will be required to report information on pay and hours worked for all of their employees under changes proposed by the U.S. Equal Employment Opportunity Commission (EEOC) to existing reporting requirements. In...more