San Francisco Mandates Paid Parental Leave
4/28/16
By: Kacie Manisco
The United States is the only developed country in the world that does not provide paid parental leave. In addition, unless an employer is covered under the Family Medical Leave Act (“FMLA”) or the California Family Rights …
U.S. Women's Soccer Team Seeks Pay Equality
4/7/16
By: Joyce M. Mocek
Recently five team captains of the US Women’s Soccer Team, on behalf of the entire team, filed a complaint with the EEOC against the US Soccer Federation alleging pay inequality and discrimination. The complaint seeks equal …
"How Much is that Steak Bowl Really?" A Costly Reminder About Social Media Policies
3/21/16
By: Robert Krandel
On March 14, 2016, an Administrative Law Judge for the National Labor Relations Board ruled that Chipotle violated the National Labor Relations Act when it unlawfully forced an employee to delete negative tweets about the restaurant. The …
“Ban the Box” What Can You Ask Applicants About Criminal History?
3/11/16
There is a growing national trend to “ban the box” by removing any consideration of an applicant’s criminal history from the initial hiring process. “Ban the box” laws prohibit an employer from asking about an applicant’s …
3/3/16
By: Brad Adler and Amanda Hall
We have discussed tip-pooling programs in the past. Generally speaking, the Fair Labor Standards Act (“FLSA”) permits an employer to fulfill part of its hourly minimum wage obligation to tipped employees using the …
2/25/16
By: Michael Hill
We have previously discussed the DOL’s decision to narrow the definition of “independent contractor” so that more workers can be deemed “employees” and thus subject to federal wage and hour laws. On a similar theme, …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
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 …
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
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 …
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 …
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. …
