Many Drivers Don’t Appreciate Limitations of Driver Assistance Technologies
9/28/18
By: Wes Jackson
Pump the breaks, George Jetson! While car technology is quickly advancing towards autonomous vehicles, we aren’t there yet. Even so, a recent study from the AAA Foundation for Traffic Safety suggests many drivers overestimate the abilities …
U.S. Supreme Court to Decide Whether Age Discrimination Statute Applies to Small Public Employers
9/27/18
By: Brent Bean & Koty Newman
The U.S. Supreme Court recently granted certiorari in Mount Lemmon Fire Dist. v. Guido, 200 L. Ed. 313, (U.S., Feb. 26, 2018), to determine whether the Age Discrimination in Employment Act (“ADEA”) applies …
Is Wellness Activity Participation Compensable?
9/25/18
By: Joyce Mocek
The Department of Labor (DOL) recently issued an opinion letter on whether employees must be compensated under the Fair Labor Standards Act (FLSA) for the time they spend participating in wellness activities. In this inquiry, the employer …
Here’s Your Tip Of The Day – Another Appellate Court Defers To DOL On Use Of 80/20 Rule For Tipped Employees
9/24/18
By: Brad Adler & Koty Newman
The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s, 2018 U.S. App. LEXIS 26387 (9th Cir. Sep. 18, 2018) is important for employers trying to navigate the FLSA and pay their tipped …
DOL Guidance On No Fault Attendance Policies
9/21/18
By: Joyce Mocek
The Department of Labor (DOL) Wage and Hour Division issued a new opinion letter on an employer’s no-fault attendance policy which effectively froze an employee’s attendance points that had accrued prior to taking the FMLA leave. The …
Independent Contractor Or Employee?
9/20/18
By: Marshall Coyle
The California Supreme Court has established an “ABC test” that could make it extremely difficult for the state’s truckers to use independent contractors. In Dynamex Operations West Inc. v. Charles Lee, (Case S222732, April 30, 2018) the …
Are We Witnessing the End of Qualified Immunity?
9/19/18
By: Sun Choy
For many decades, qualified immunity has served as a powerful defense to end civil cases against public officials, including law enforcement officers for the alleged use of excessive force. Given the many high-profile deaths involving the use …
The Side Work Struggle: Nonprofit Restaurant Group Challenges The 80/20 Tip Credit Rule In Texas Federal Court
9/19/18
By: John McAvoy
On July 6, 2018, a nonprofit restaurant advocacy group filed suit against the U.S. Department of Labor in Texas Federal Court challenging the rule that governs the compensation of tipped employees; specifically, the DOL’s “80/20 Tip Credit …
USCIS Reverses Course – STEM OPT Students May Now Work At 3rd Party Client Sites
9/18/18
By: Ken Levine
On August 17th U.S. Citizenship and Immigration Services (USCIS) posted an announcement on their website to publicize the agency’s decision to once again allow STEM OPT F-1 students to engage in training programs at a third-party …
Is “But-For” Causation In California Legal Malpractice Cases In Jeopardy?
9/18/18
By: Gretchen Carner & Brett Safford
California attorneys sued for fraud and intentional torts, as opposed to negligent legal malpractice, may be subjected to a different causation standard after the California Court of Appeal’s recent opinion in Knutson v. Foster…
Murphy's Law and The Exception to Georgia's Impact Rule
9/17/18
By: Jason Kamp
Claims for negligent infliction of emotional distress are limited by the Impact Rule in Georgia. In a recent attempt to keep the sole exception from swallowing the Impact Rule, the Supreme Court of Georgia may have done …
Keeping A Watchful Eye On The FLSA Storm (And Hurricane Florence Too)
9/14/18
By: Brad Adler & Koty Newman
Hurricane season has arrived. So, what are employers to do if they would like to keep their offices open, but employees do not want to work during the storm in the areas affected by …