ASAP
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July 29, 2015

Lawmakers Introduce Worker Misclassification Legislation

Two weeks after the U.S. Department of Labor issued an Administrator's Interpretation cautioning that "most workers are employees," Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced a bill targeting worker misclassification.

ASAP
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July 23, 2015

Littler's Tammy McCutchen Testifies that the DOL's Approach in Proposed Overtime Rule is "Unprecedented"

The DOL's methodology and minimum salary threshold set forth in its proposed revisions to the FLSA's "white collar" exemptions are "unprecedented in the FLSA’s 77-year history," explained Littler's Tammy McCutchen during a House Subcommittee hearing.

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July 23, 2015

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court has ruled that agricultural piece-rate workers are entitled to separate paid rest breaks.

Insight
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July 22, 2015

How Broad is Broad? New DOL Guidance Determines "Most Workers Are Employees"

In a move that is expected to have far-reaching consequences for employers, the U.S. Department of Labor issued new guidance on the classification of independent contractors as employees under the Fair Labor Standards Act.

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July 22, 2015

Preemption Law Results Show Different Approaches States Take with Local Sick Leave Measures

2015 has been a notable year for the passage and implementation of local mandatory paid sick leave laws.

Insight
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July 21, 2015

West Virginia's Amended Deliberate Intent Statute

Recent amendments to West Virginia's deliberate intent statute have raised the bar an injured worker must clear in order to circumvent the workers' compensation immunity afforded to the state's employers.

ASAP
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July 21, 2015

Office of the Chief Administrative Hearing Officer Rejects DACA Recipient's Document Discrimination Claim

The U.S. Office of the Chief Administrative Hearing Officer recently published a decision illustrating the conflict between state laws and the administration’s deferred action policies that provide work authorization to undocumented immigrants.

Insight
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July 20, 2015

Missouri Courts Scrutinize Employment Arbitration Agreements

Two recent Missouri Supreme Court decisions demonstrate Missouri courts will carefully scrutinize employment arbitration agreements in determining their validity.

Insight
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July 20, 2015

EEOC Rules Discrimination Based on Employee's Sexual Orientation Is Sex Discrimination Under Title VII

The EEOC has issued a potentially groundbreaking decision finding that discrimination based on "sexual orientation" can be brought under Title VII.

Insight
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July 16, 2015

Federal Court Split on Consideration Needed to Enforce a Restrictive Covenant in Illinois Remains Unresolved

New 7th Circuit decision on validity of non-compete agreements leaves unresolved whether two years or more of continued employment is required to enforce a restrictive covenant, absent additional consideration.

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