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The Recorder

Public Employers Exempt From Labor Code Provisions, PAGA Penalties, California Supreme Court Says

Forcing public agencies to pay penalties under the Private Attorneys General Act "would simply rob Peter to pay Paul," Justice Carol Corrigan wrote.
3 minute read

New Jersey Law Journal

Law Firm in Crosshairs as 8 Ex-Staffers File Suit Against It

"Davis, Saperstein & Salomon will be serving frivolous litigation notices on attorney Shell and his clients, and will seek dismissal of these claims on procedural grounds, including legal fees and costs," said the firm's attorney, Keith McDonald.
4 minute read

The Recorder

California Supreme Court Upholds Proposition 22, App-Based Driver Classification Law

The court held that the Legislature's power to regulate the workers' compensation system is not exclusive and does not forestall citizen initiatives on the topic.
3 minute read

National Law Journal

Appeals Court Ruling That College Athletes Can Be Employees Leaves 'Lots of Open Questions'

The U.S. Court of Appeals for the Third Circuit said Division I student-athletes could fall under the Fair Labor Standards Act if they perform services for a university, under the university's control and in return for implied compensation or benefits.
5 minute read

The Legal Intelligencer

High Court's Administrative Law Transformation and Its Impact on Federal Wage-and-Hour Law

This legal transformation is taking place at the same time that significant government regulations are being challenged, including the U.S. Department of Labor's final rules increasing the salary levels for the so-called "white collar" exemptions and classifying workers as independent contractors under the Fair Labor Standards Act as well as myriad other regulations issued by the Federal Trade Commission and National Labor Relations Board, just to name a few.
6 minute read

The Legal Intelligencer

College Athletes Can Be Considered Employees Under FLSA, 3rd Circuit Says

"We disagree with our sister circuit court's comparison of college athletes to prisoners and refuse to equate a prisoner's involuntary servitude, as authorized by the Thirteenth Amendment, to 'the long-standing tradition' of amateurism in college athletics," Restrepo said.
4 minute read

Law.com

Judge Says a Jury Should Decide Whether 'Oral Agreement' for Base Salary Existed Between Attorney, Former Firm

"Specifically, Freeland's pay statements demonstrate some discrepancies between pay periods, contrary to his assertion that he was always paid consistently. For instance, Freeland's pay statements show that there were several pay periods when Freeland received nothing in regular pay salary," wrote U.S. District Judge Nancy L. Maldonado for the Northern District of Illinois.
6 minute read

The Recorder

Here's What's in the Proposed 'New PAGA' Law

Employers who take "reasonable steps" to comply with California's Labor Code can avoid hefty penalties for violations under the terms of proposed PAGA legislation heading toward the governor's desk.
6 minute read

New Jersey Law Journal

In First Published Ruling, Court Says Commissions Not Covered by Wage Payment Law

"Like the Wage Payment Law, the company's compensation policies and its March 2020 initiative addressing PPE sales are not a model of clarity," Appellate Division Judge Jack Sabatino wrote.
5 minute read

The Recorder

Deal Reached to Drop PAGA Initiative From the November Ballot

The deal, announced in broad terms Tuesday, will cap penalties on employers who act quickly to address Labor Code violations while maintaining key tenets of California's labor law enforcement structure.
3 minute read

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