Wage and Hour, Good Faith, Corporate Counsel

Fourth Circuit Affirms Multi-Million Dollar Decision, Underscoring Risks in Worker Misclassification

Brooks Pierce on 8/6/2025

Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...more

Good Faith Goes a Long Way to Defeat Wage Statement Claims: 4 Tips for Employers After California Supreme Court Win

Fisher Phillips on 5/8/2024

Employers finally received some welcome news from the California Supreme Court Monday and now have a better shot of successfully using a “good faith” defense to wage-and-hour lawsuits. According to the ruling, if an employer...more

New York Proposes Pay Transparency Regulations: 10 Takeaways for Employers

Fisher Phillips on 9/14/2023

With only a few days left before New York’s pay transparency law takes effect, the state labor department issued proposed rules aiming to clarify employers’ wage disclosure obligations. Though the regulations are not yet...more

Rare Employer Victory in CA Misclassification Case

Perkins Coie on 5/9/2022

A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more

DOL Validates Independent Contractor Relationships in the On-Demand Marketplace

Proskauer - Law and the Workplace on 4/30/2019

In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more

Second Circuit Prohibits “Double Recovery” of Liquidated Damages Under FLSA and New York Labor Law

Proskauer - Law and the Workplace on 4/9/2018

In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more

A WARNing to Directors and Officers — Failure to give proper WARN Act notice may breach your fiduciary duty

Mintz - Employment, Labor & Benefits... on 10/12/2015

At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more

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