Episodes
Monday Feb 03, 2020
Labor Department's New 4-Factor Rule Attempts to Limit Joint Employment
Monday Feb 03, 2020
Monday Feb 03, 2020
This legal alert was published on January 13th, 2020 by Marty Heller in Atlanta, Richard Meneghello in Portland, and John Polson in Irvine.
The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead to fewer businesses being found to be joint employers by a court or agency when it comes to minimum wage, overtime, and other similar liability under the Fair Labor Standards Act (FLSA). However, many questions still remain about various aspects of this rule, particularly how courts will apply the test’s four factors as well as the alternative “catch-all” test. You should now reexamine your business models to capitalize on the new standard, which should take effect on or about March 16, 2020.
Monday Feb 03, 2020
Monday Feb 03, 2020
This article was originally published in the February issue of the “On the Front Lines” newsletter by Annie Lau and Anthony E. Guzman II in San Francisco.
The assault on arbitration is old news. Recently, however, courts and commentators alike have seemed to stake out a new area for contest in the ongoing back and forth debate about this valuable litigation alternative: confidentiality clauses. For decades, confidentiality clauses have been a staple of most arbitration agreements, as well as most contracts. So as proponents of excluding confidentiality clauses argue that these clauses tend to “silence employees” or “hide wrongdoings” begin to emerge at both the national and state level, we should take care to critically examine these arguments and remember that confidentiality clauses have been the status quo for good reason. This article looks at why these arguments are being made, why there may still be good reason for confidentiality clauses despite these arguments, and how to account for these dueling perspectives in our own practices moving forward.
Monday Feb 03, 2020
Workplace Safety is the Next Focus in the #EmpowermentEra
Monday Feb 03, 2020
Monday Feb 03, 2020
This article was originally published in the February issue of the “On the Front Lines” newsletter by Travis Vance in Charlotte.
Employee safety has always been important, but the recent public shaming of allegedly hazardous workplaces reveals that the public’s disdain for companies that provide unsafe environments for their employees is increasing. No longer can you ignore the public cries to eliminate or minimize occupational hazards, as you risk becoming the latest public face of what has essentially become the “Empowerment Era” – a time when people from all walks of life not only feel emboldened to expose “bad players” but now have the digital means by which to amplify and give power to their voices. This article looks at the different stages of the Empowerment Era – starting with the Fight for $15, followed by the #MeToo movement, and finally the #WorkSafe movement, and what employers can do to be prepared.