When is Housework Not Housework? Differences in Interpreting Georgia and Federal Minimum Wage Laws
12/17/15
By: Michael Hill
When it comes to interpreting statutes, the devil is in the details. The Georgia Supreme Court ruled recently that employees for third-party providers of in-home personal care services were not prohibited from receiving Georgia’s minimum wage even …
The Return of the Intern?
10/5/15
By: Michael Hill
The Eleventh Circuit Court of Appeals has dramatically modified the test to determine whether an “intern” is an employee. In Schumann v. Collier Anesthesia, P.A., — F.3d —, No. 14-13169, 2015 WL 5297260 (11th Cir. Sept. …
How Much Control Is Too Much Control? When On-Call Time Becomes “Hours Worked”
3/12/15
By: Allison L. Shrallow
Recently, the California Supreme Court provided guidance on an important question in employment law: How much employer control turns on-call time into “hours worked?” In enacting its on-call policy, an employer must determine whether it is …
Commission Wages Are Only Attributable to the Pay Period In Which They Are Paid to Satisfy California Compensation Requirements
7/17/14
By: Sandra K. McIntyre
This week, in Peabody v. Time Warner Cable, the California Supreme court concluded that an employer satisfies the minimum earnings prong of the commissioned employee exemption only in those pay periods in which it actually …
What’s Driving FLSA Lawsuits?
5/30/14
By: Jonathan Kandel
It is no secret that the number of FLSA lawsuits has increased exponentially over the past few years. As previously posted, one of the main factors is plaintiff’s attorneys aggressively seeking clients to file FLSA lawsuits. …
Severance Payments are Subject to FICA Taxes
4/1/14
By: Jonathan Kandel
Many companies offer terminated employees severance packages. This is true whether the employee is terminated as part of a layoff (or reduction in work force) or for other reasons. Earlier this week, the U.S. Supreme Court ruled …
America’s Favorite Pastime – Litigation?
2/28/14
By: Frank Hupfl
While the rest of baseball reports to spring training in Florida and Arizona, three former minor league baseball players initiated an FLSA lawsuit against Major League Baseball in a California Federal Court last week. In their Complaint, …
Internships Can Be Costly For Employers
2/20/14
By: Joyce Mocek
Last week, an unpaid intern that worked for fashion house Alexander McQueen sued the British fashion label alleging that she should have been paid at least minimum wage during her four month internship. Unpaid internships have …
Minimum Wage To Rise In 13 States On January 1, 2014
12/31/13
By: Brad Adler
While you are munching on leftovers and watching bowl games, business owners should not forget that the minimum wage will rise in 13 states starting January 1, 2014. Most states are increasing minimum wage by just a …
Senate Approves All Five NLRB Nominees
8/8/13
By: Anthony Del Rio
For the first time in several years, the National Labor Relations Board will be at full strength. On July 30th, the Senate approved all five of President Obama’s nominees to the NLRB. Up to this point, …
EEOC Sues Over Criminal Background Checks
7/12/13
By La’Vonda McLean
The U.S. Equal Employment Opportunity Commission (EEOC) has begun filing lawsuits against employers for their use of criminal background checks. Last month, the EEOC filed a lawsuit against Dollar General and a BMW manufacturing plant in South …
SCOTUS Rules Employers May “Pick-Off” FLSA Plaintiffs
4/18/13
By: Anthony Del Rio
The U.S. Supreme Court has issued its opinion on a case regarding whether an employer may “pick-off” the named plaintiff in a Fair Labor Standards Act (“FLSA”) collective action. The Court ruled 5-4 in favor of …