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Labor & Employment Practice

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Still Waiting: DOL Expected to Issue Final Rule on Independent Contractor Classification in May 2023 Posted on: March 24, 2023 In: Labor & Employment
Last year, the Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding its present guidance on the classification of independent contractors. The Proposed Rule rescinds the 2021 Independent Contractor Rule, Independent Contractor Status Under the Fair Labor Standards Act, published in January 2021, and contains general interpretations for determining worker status.
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dol, independent contractors, flsa, employment law, labor law
Lewis Brisbois’ 2022 State Labor & Employment Year End Reviews Posted on: February 28, 2023 In: Labor & Employment
Each year, Lewis Brisbois’ Labor & Employment attorneys review the past year’s major legislative and caselaw developments related to labor and employment law in their respective states. This post features a list with links to these 17 alerts, covering 31 Lewis Brisbois offices across 18 states and the District of Columbia, published between December 22, 2022 and February 14, 2023.
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Tags:
labor law, employment law, legislative alert, employers, human resources, payroll
Third Circuit: No OSHA Investigation? No OSHA Litigation Posted on: February 13, 2023 In: Labor & Employment
In a matter of first impression, the Court of Appeals for the Third Circuit recently confirmed that the Occupational Safety and Health Act of 1970 (OSH Act) mandates the dismissal of an employee’s action against the Secretary of Labor once the Department of Labor has completed its standard enforcement proceedings.
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Tags:
osha, osh act, third circuit, workplace safety, labor law
Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases Posted on: January 18, 2023 In: Labor & Employment
The Third Circuit Court of Appeals, in O’Brien v. The Middle East Forum, et al., No. 2102646 (3d Cir. Jan. 5, 2023), narrowed the Ellerth-Faragher affirmative defense in hostile work environment cases. The Third Circuit held that an employer cannot raise this affirmative defense if the harasser functions as the employer’s “proxy” or “alter ego.” Instead, an employer is strictly liable for harassment perpetrated by its proxy or alter ego.
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Tags:
third circuit, ellerth-faragher, hostile work environment, employment law, labor law
New York Employers May Not Penalize Employees for Lawful Absences Posted on: January 04, 2023 In: Labor & Employment
As is seemingly customary at this point, New York employers cannot ease into the New Year and must instead revisit their employee handbooks due to a recent amendment to the New York Labor Law that takes effect February 19, 2023. The Lawful Absence Law amends Section 215 of the Labor Law to bar employers from disciplining employees who take legally protected time off from work.
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Tags:
new york, labor law, paid time off, ada, fmla, human resources
Can I Arbitrate Private Attorneys General Act Claims in California? Posted on: December 21, 2022 In: Labor & Employment
A common question California employers have is whether they can arbitrate wage and hour claims brought under the Private Attorneys General Act – commonly known as PAGA – in California. Until recently, the answer to that question has been a resounding “no” ever since a 2014 California Supreme Court case held that employers cannot make employees waive their rights to bring PAGA claims on a group-wide basis through an arbitration agreement.
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Tags:
california, paga, arbitration, wage and hour, employment law, labor law
Avoiding the BBQ Pit(falls) of the Company Summer Picnic Posted on: July 22, 2022 In: Labor & Employment
After two (or more) years of companies having to cancel the time-honored tradition of the company summer picnic and BBQ due to COVID-19 shutdowns and restrictions, both companies and their employees are eager to get back out in the summer weather and get together for water balloon fights and three-legged races. And while such celebrations are a welcome addition to the summer schedule, employers would be wise to keep in mind the following tips to ensure a safe, fun, and low-risk (legally speaking) event.
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Tags:
office events, employment law, labor law, covid-19, human resources
Illinois to Expand Bereavement Leave in 2023 Posted on: July 08, 2022 In: Labor & Employment
On June 9, 2022, Governor Pritzker signed the Family Bereavement Leave Act (formerly titled the Child Bereavement Leave Act) into law. The statute will take effect on January 1, 2023, and its applicability mirrors that of the federal Family Medical Leave Act (FMLA), applying to employers (including public employers) with at least 50 employees and employees who have worked for such employers for at least 12 months and at least 1,250 hours in the preceding 12-month period.
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illinois, paid leave, fmla, labor law
Pay Attention: In California, Meal and Rest Premiums Are Now Subject to Wage Statement and Final Pay Requirements Posted on: June 09, 2022 In: Labor & Employment
The California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting requirements of Labor Code section 226(a). In addition, the prejudgment interest rate for violating any of these sections is 7%. In essence, the ruling means that these premiums may trigger derivative wage statements and waiting time penalties.
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Tags:
california, wage and hour, payroll, meal and rest periods, labor law
Tips for Employers for Compliant Handbook Policies and Practices Posted on: April 19, 2022 In: Labor & Employment
Every employer who has ever faced the seemingly daunting task of preparing an employee handbook or updating existing policies knows how overwhelming the process may seem. From ensuring the policies are exhaustive to analyzing whether they comply with the law in your state, the task may seem like a big project. This post provides some tips for employers when reviewing their policies and procedures.
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Tags:
employee handbook, human resources, employment law, labor law
No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
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new york, labor law, retaliation, wage and hour, kickbacks
For New York Employers, “You Break It, You Pay For It” Policies May Create Problems Posted on: July 12, 2021 In: Labor & Employment
Employers expect their employees to execute their job duties properly. However, the reality is that accidents happen or, worse, employers end up hiring employees who consistently exhibit substandard performance. A worker’s poor job performance can sometimes cause a company to incur costs to fix mistakes. While larger corporations may be inured to such “cost of doing business” expenses, smaller employers may be less tolerant. This post addresses legal issues under New York law when these concerns arise.
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Tags:
new york, labor law, compensation, faithless servant doctrine, human resources

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