Archives: Wage-and-Hour

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ABC… Easy as 1,2,3

            The title may be what every little kid learns (and an underappreciated classic by the Jackson 5), but per usual California is different.  Many California workers may find their employment status shift as a result of a recent decision by the California Supreme Court which significantly expanded the universe of workers likely classified as … Continue Reading

Helping Employers Weather the Storm, but Maybe Not House Pets and Home Invaders: Addressing Health and Safety Issues for Remote Employees

The Labor Dish recently addressed the rapid rise of remote working arrangements amongst U.S. employees.  Although “OUT OF SIGHT, BUT NOT OUT OF MIND” touched on the many benefits that come from such arrangements, it also detailed various wage and hour concerns unique to employees working from home, and how employers should begin to navigate … Continue Reading

Why Private Equity Funds Face Employment Risks

Suddenly, the advance sheets show a wave of litigation targeting private equity funds. See, e.g., Guippone v. BH S&B Holdings LLC, 737 F3d. 221 (2d Cir. 2013) (private equity funds potentially liable for WARN Act liability); Oaktree Capital Management, L.P. v. National Labor Relations Board, 452 Fed. Appx. 433 (5th Cir. 2011) (same for unfair … Continue Reading

Weil Appointment Confirmed: “I love it when a plan comes together”

“I love it when a plan comes together” Col. John “Hannibal” Smith Confirmed by the Senate last Monday, Professor David Weil takes the helm as Administrator of the Wage Hour Division of the U.S. Department of Labor. In practical terms, the Wage Hour Administrator is the head honcho in charge of interpreting and enforcing the … Continue Reading

Franchisor Liability For Franchisee Employees: Damn Weasels

Weasel words, not epithets for employees with legal claims, are the problem. “…[C]ourts have been nearly uniform in holding that a franchisor should not be deemed to be an ‘employer’ … when plaintiff works for an independently owned franchise.”  McFarland v. Breads Of The World, 2011 WL 801815 (S.D. Ohio 2011) (granting franchisor Panera’s motion … Continue Reading

You’re Known By The Company You Keep: Leased Employees

All too often, business executives assume that “leased employees” (i.e., workers hired through a professional employee organization; through a temp agency or labor broker; or provided by a contractor but performing on premises under the business’s supervision or control) cannot create liability. Those executives need to listen to more country music.  As Dolly Parton famously … Continue Reading

Successor Liability For Employment-Related Claims: A Pain In The Assets

There is a myth that buyers are protected from employment liabilities arising under prior ownership if there is a broad disclaimer and if it is an asset purchase. Not so. Sure, the “general rule” is that a purchaser of another company’s assets does not assume the seller’s liabilities.* But, employment law is the exception to … Continue Reading

Drawing Lines More Nice Than Obvious: Unpaid Internships and Twerking

If you’ve skimmed internet news in the last 4 months, you’re aware of two scary trends: (1) twerking and (2) interns filing class actions for unpaid compensation against publishers, entertainment companies, fashion houses, and other businesses. Is there a line for what is proper in either trend? Let’s begin with internships. As the Department of … Continue Reading

The DOL and Obscure Exemptions under the FLSA

Pine Straw Gatherers is … A.  an indie band that wowed the audience at Pitchfork last summer B.  the Junior A affiliate of the Toronto Maple Leafs C.  the latest sensation in the academic literature of cultural anthropology D.  none of the above In the midst of the Christmas rush, the U.S. Department of Labor … Continue Reading