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ArentFox Schiff

No Trip, No Commission: Massachusetts Court Reinforces That a Commission Not Yet Due Is Not Payable – and Not Protected by the...

ArentFox Schiff on

A recent decision by the Massachusetts Superior Court in Ford v. Vacationeer, LLC, et al. confirmed that commissions are not due or payable as wages until they are definitely and arithmetically determinable, and commissions...more

Littler

Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related

Littler on

On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino. Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison on

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Lewitt Hackman

Bad Apple: Employee Searches are Compensable Time

Lewitt Hackman on

The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more

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