Top Stories

Tech Support Independent Contractor Class Claims Climbing

Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”) support workers as contractors and thus denied them the overtime required under the federal Fair Labor Standards Act (“FLSA”) and parallel state laws. More >

Liability for Allegedly Unnecessary Product Recall?

The conventional advice to manufacturers and retailers of consumer products when assessing a potential product safety issue is typically as follows: “When in doubt, report.” And while it is still generally good advice to err on the side of reporting potential product safety issues to the Consumer Product Safety Commission (CPSC), companies must be cognizant of the full magnitude of a decision to initiate a voluntary product recall. A new lawsuit filed last week in New York federal court illustrates why. More >

The Bottom Line for Tip Credit Legislation

As the minimum wage discourse permeates the country and discussions about fairness and living wages make their way into state and local legislatures, a question remains for how minimum wage laws affect tipped employees. Tip credits allow employers to pay employees below the federal minimum wage, given they will make up the difference in tips. […] More >

Plenty of Room at the HR California: Will Wage-and-Hour Laws in the Golden State Apply to Visitors?

Human resource departments nationwide are attuned to the California Supreme Court, which has received briefs and awaits argument later this year to address whether California’s generous wage-and-hour provisions apply to out-of-staters traveling to the state for work. Arising from claims brought by pilots and flight attendants who spend small percentages of their time in or […] More >

The Class Action Waiver Loophole in Arbitration Agreements That Employers May Miss

The enforcement and legality of arbitration agreements has been increasingly established over the last decade, starting with AT&T v. Concepcion in 2011 and more recently the U.S. Supreme Court’s ruling of Epic Systems v. Lewis in May 2018. As such, companies have grown to rely on arbitration agreements in connection with employment, as they help avoid situations where a single […] More >