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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

Texas Lawyer

Employers Are Calling Their Lawyers as Overtime Rule Revisions Loom

"You need to stay up to the minute on developments," said Mark S. Goldstein, a labor and employment lawyer at Reed Smith. "We have to be able to be flexible and pivot quite quickly, with the patchwork of employment laws at the state and local level."
4 minute read

The Recorder

'You Start Lower, You Stay Lower': Apple Hit With Class Action for Gender Bias

Women employees represented by Altshuler Berzon and Cohen Milstein Sellers & Toll, alleged gender-based pay discrimination, biases against women in its performance evaluation system, and maintaining a hostile work environment.
4 minute read

The Recorder

California Supreme Court Agrees to Hear Pay-or-Waive Arbitration Law Challenge

California's courts of appeal have largely upheld a law that requires companies to pay their arbitration bills within 30 days or risk having consumer and employment claims filed against them removed to court.
3 minute read

The Recorder

9th Circuit Rejects Challenge to California's Worker Misclassification Law

Lawyers for Uber and Postmates argued that California's AB 5 unfairly holds the companies to a different standard than other app-based companies.
3 minute read

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