LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Purchasing company is found to be subject to successor liability for federal employment-related claims, even where it explicitly disclaimed such liability in the transfer of assets.
LawFlash/Client Alert | Class Actions LawFlash
Lauren Palmero, Joyce Taber, Christopher Mannion, Joseph Fay, Thomas Sullivan, Thomas Linthorst
High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions.
LawFlash/Client Alert | Class Actions LawFlash
Franco Corrado, Kenneth Kliebard, Kristofor Henning, John Battenfeld
The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold.
Outside Publication | Article
Sarah Andrews
Presentation | Speech
Joyce Taber, Jonathan Fritts
Morgan Lewis partners Joyce Taber and more
Outside Publication | Article
Michael Puma
Reproduced with permission from FLSA Litigation Tracker , (Aug. 17, 2012). Copyright 2012 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com> more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Latest update from the DLSE answers many employer questions and provides updated and improved template for compliance with notice requirement.
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
California Court of Appeal reaffirms in Duran v. U.S. Bank National Association that class actions cannot trump a defendant's due process rights.
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Despite the DLSE's effort to provide guidance to employers on compliance with the act, questions remain.
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
DLSE issues template notice for use by employers.
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On October 9, California Governor Jerry Brown signed into law Senate Bill 459, which prohibits employers from willfully misclassifying workers as independent contractors. The new law, designed to force businesses to rethink the... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
In an opinion with significant implications for California-based employers, and potentially for non-California-based employers, the California Supreme Court has ruled that the daily and weekly overtime requirements of the Califo... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On June 20, in Dukes v. Wal-Mart , the U.S. Supreme Court dealt a huge blow to plaintiffs seeking to certify employment discrimination class actions under Federal Rule of Civil Procedure 23, as well as consumer, antitrust, and ... more
Presentation | Speech
Christopher Parlo
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On May 9, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) launched its first application (or "app") for smartphone platforms. The app (dubbed "DOL-Timesheet App") is an electronic timesheet that allows em... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
As we reported in our December 15, 2010 LawFlash,[1] the New York Wage Theft Prevention Act (the Act), which becomes effective on April 9, 2011, dramatically increases an employer's notice an... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On March 22, in a 6-to-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act (FLSA) prohibits employers from retaliating against employees who "file" an oral complaint that the employer is violating the FLSA, ... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On December 21, the U.S. Department of Labor (DOL) published a Request for Information that contains its preliminary interpretations of the 2010 Nursing Mothers Amendment to the Fair Labor Standards Act (FLSA) enacted as... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On September 7, the Third Circuit Court of Appeals affirmed a district court grant of summary judgment on behalf of NutriSystem, Inc. (NutriSystem) in Parker v. NutriSystem, Inc . [1] The Th... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Over the last few weeks, Illinois Governor Pat Quinn has signed into law two bills that are likely to have a significant impact on employers within the state. The first amends the Illinois Wage Payment and Collection Act ... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On June 22, the U.S. Department of Labor (DOL) significantly increased the number of employees who will be eligible to take Family and Medical Leave Act (FMLA) leave to care for a child, by broadening the definition of who const... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Miami-Dade County, Florida has amended its recently enacted Wage Theft Ordinance to redefine the "reasonable time" for the payment of wages. The ordinance now requires employers to pay wages to employees within 14 days of the w... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
A recently enacted Connecticut state law, H.B. 5204, increases the civil penalty imposed upon employers that are found to have engaged in the improper classification of independent contractors. Connecticut law previously provid... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Employers who do business in Miami-Dade County, Florida (the County) must be aware that the County recently enacted an ordinance prohibiting wage theft. Ordinance No. 10-16, which became effective on March 1, 2010 (Wage Theft... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Amidst high unemployment and continued cutbacks at many companies, unpaid internships have become increasingly common in the private sector. According to recent published reports, the U.S. Department of Labor (DOL) and several ... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On March 24, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued its first-ever "Administrator Interpretation." According to the WHD, these broad general pronouncements are designed to replace the more... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Hospitals, nursing homes, and similar employers throughout the country routinely pay their employees pursuant to an "8 and 80" overtime rule, under which employees are paid overtime for all hours worked in excess of eight in a s... more
Presentation | Webinar
Anne Estevez, Mark Zelek, Sharon Lisitzky
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Prior Morgan Lewis LawFlashes reported that a recent amendment to New York Labor Law Article 6, Section 195(1) requires employers to notify all newly hired employees at the time of hiring, in writing , of their regular rat... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Effective October 26, New York Labor Law Article 6, Section 195(1) requires employers to notify all newly hired employees at the time of hiring, in writing, of their regular rate of pay and regular pay day, and, for nonexempt em... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Currently, Section 195 of the New York Labor Law requires employers to notify new employees, at the time of hire, of their rate of pay and regular pay day, but it does not require this notification to be in writing. On July 28,... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
In a much-anticipated opinion, on August 19, the California Division of Labor Standards Enforcement (DLSE) aligned itself with federal law by allowing for the simultaneous reduction of a an exempt employee's workweek and salary ... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Effective today, the federal minimum wage has increased to $7.25 per hour. Please note that this increase is to the federal minimum wage. Many states have prescribed a higher minimum wage than that stipulated by federal law. ... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
All employers should take note of a forthcoming significant reorganization at the Department of Labor (DOL) involving the Wage and Hour Division (WHD), the Office of Labor-Management Standards (OLMS), the Office of Federal Contr... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On June 29, the California Supreme Court issued a decision in Arias v. Superior Court (Angelo Dairy) , No. S155965 (June 29, 2009), that could result in even more lawsuits against employers over wage and hour claims. By ruling... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
In a decision with significant implications for California employers of tipped employees, on June 2 the California Court of Appeal reversed the decision of the San Diego Superior Court in Chau v. Starbucks Corp. , Case No. GIC8... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
All employers should take note of a recent statement by Secretary of Labor Hilda Solis, who has promised to "reinvigorate the work" of the Department of Labor's (DOL's) Wage and Hour Division (WHD) and to "refocus the agency on... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Continuing a trend of state and local jurisdictions imposing new paid leave requirements on employers, Maryland and the District of Columbia each recently passed legislation that significantly expands the right of employees to ... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
In a case that may have far-reaching and positive implications for both California employers and employees, the California Court of Appeal for the Fourth Appellate District held that (1) employers need not ensure that their emp... more
Outside Publication | Article
Richard Rosenblatt, Thomas Linthorst
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment
Many accommodating employers offer their employees the opportunity to work from home (telecommute) either on a regular or temporary basis. The flexibility of a telecommuting arrangement can benefit both employers and employees.... more
Presentation | Speech
Prashanth Jayachandran, Thomas Linthorst
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment
On September 12, 2006, California Governor Arnold Schwarzenegger signed into law California Assembly Bill (AB) 1835 that will increase California’s minimum wage by $1.25 per hour in two steps over a period of one year. Effectiv... more