On January 10, 2024, the US Department of Labor (DOL) issued the “Final Rule” that modifies the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule will take effect on March 11, 2024.
Continue Reading More Employees! New Rule Makes It Harder to Classify Workers as Independent Contractors

In a February 3, 2021 decision, the US Court of Appeals for the Seventh Circuit determined that the Uniformed Services Employment and Reemployment Rights Act of 1994 may require employers to provide employees with short-term paid military leave. Specifically, if an employer provides short-term paid leave for other comparable purposes such as sick time, jury duty, or bereavement, then the employer may need to do the same for military leave.
Continue Reading Seventh Circuit Ruling Means Retailers May Need to Provide Paid Leave Under USERRA

The ongoing opioid epidemic is causing employers to consider the best ways to ensure a safe workplace, but companies should be careful when addressing employees’ prescription drug use. Recent court filings and settlements by the EEOC illustrate the potential pitfalls employers face when attempting to implement a drug-free workplace.
Continue Reading Employers’ Prescription Drug Use Policies Coming Under Scrutiny

California is the land of employment legislation, and 2018 is shaping up to be another year of change. We are less than six months into the year, and already several bills that could significantly impact California businesses—for better or for worse—are pending in the California legislature.
Continue Reading Brace for Impact: Wave of Employment Bills Pending in California

The U.S. Supreme Court has voted to hear an appeal of the Ninth Circuit’s decision in Varela v. Lamps Plus, Inc. The Supreme Court is expected to decide whether workers can pursue their claims through class-wide arbitration when the underlying arbitration agreement is silent on the issue.
Continue Reading SCOTUS to Review Right to Class Arbitration in Silent Agreements

The California Supreme Court has adopted a new three-part test to determine whether a worker is an independent contractor or an employee under California’s wage orders. The highly anticipated ruling could have wide ranging effects for businesses operating in California and beyond as companies try to navigate the new gig economy.
Continue Reading California Supreme Court Adopts New Independent Contractor Test