We now have an April Fool's Day Persuader Rule challenge (but it's real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit.
Here's our scorecard:
PERSUADER RULE SCORECARD
March 30
UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.
UPDATE (4:33 P.M. EDT, 3/31/16): A second challenge to the Persuader Rule has been filed today in federal court in Minnesota.
Like the first robin in spring, here is what we believe is the first lawsuit challenging the "Persuader Rule," issued last week by the U.S. Department of Labor. The suit was filed ...
UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.
Mercy me! We now have a second challenge to the U.S. Department of Labor's Persuader Rule, filed today in federal court in Minnesota. This morning, I reported on a lawsuit filed yesterday in federal court in Arkansas. What will tomorrow bring?
The Minnesota lawsuit was filed by a network of labor ...
UPDATE (April 1): Here's the latest challenge, filed today in federal court in Texas.
UPDATE UPDATE (4:36 P.M. EDT, 3/31/16): Now a second lawsuit has been filed, in federal court in Minnesota.
UPDATE (Approx. 8 A.M. EDT, 3/31/16): Boom! Here is what we believe is the first lawsuit challenging the rule, filed yesterday in federal court in Arkansas. The plaintiffs include trade ...
NOTE FROM ROBIN: Ellen Kearns is head of our Boston Office and co-chair of the firm's Wage-Hour Practice Group.
The new overtime white-collar exemption rule will be issued approximately July 2016, according to the U.S. Department of Labor's fall 2015 regulatory agenda, which the Office of Management and Budget published just before Thanksgiving.
I had earlier reported that ...
NOTE FROM ROBIN: This post is by Ellen Kearns, head of our Boston Office and co-chair of our Wage and Hour Practice Group.
You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime regulations will not be issued until late ...
Yesterday the U.S. Department of Labor began enforcement of its Home-Care Rule, which prohibits third-party employers from taking advantage of the overtime exemption for some domestic workers. The rule also narrows the definition of exempt "companionship services" under the Fair Labor Standards Act.
Ellen Kearns, co-chair of our firm's Wage and Hour Practice Group, and I ...
Are you still using "independent contractors"? Get out of here - you know they're really employees!
On Wednesday, I did a very short "breaking news" post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are "employees" versus "independent contractors" under the Fair Labor Standards Act.
Here's more.
As employers probably ...
The U.S. Department of Labor announced today its Final Rule changing the definition of "spouse" in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the Final Rule is the same for the most part.
The changes reflect (and expand upon) last year's Supreme Court decision in United States v. Windsor. That decision ...
By David Phippen of our Metro D.C. Office.
While the year is still young, here are 15 New Year's resolutions that employers may want to make:
1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.
2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)
It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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