I was quoted in an article on Law360 Employment Authority examining state attorneys general lawsuits against rideshare companies Uber and Lyft regarding worker classifications. The story follows the one-year anniversary of a $328 million settlement reached with both companies in New York.Continue Reading Insight for Law360 on Rideshare Wage Actions
Webinar | Recent Legal Developments and Post-Election Insights for Employers
Join us for a webinar where we will address important employment law developments, discuss current challenges for employers, and provide insight into potential changes impacting employers following the upcoming election.Continue Reading Webinar | Recent Legal Developments and Post-Election Insights for Employers
False Claims Act Application in Nevada Worker Classification Fight Against Lyft
I provided insight for a Bloomberg Law article on the False Claims Act allegations brought against Lyft in a worker classification suit. A recent Nevada lawsuit claims Lyft misclassified drivers as independent contractors and defrauded the government. The lawsuit claims Lyft’s actions violate Nevada’s False Claims Act, similar to the federal law in which it
Register Now | MT|SHRM 2024 Employment Law Conference | October 16-17
I am looking forward to presenting at the 2024 Employment Law Conference, hosted by the Middle Tennessee Society for Human Resource Management (MTSHRM). My session, titled “Worker Classification: Why it Matters,” will take place on October 16, from 9:00 to 10:00 a.m. CT. During the presentation, I will discuss various topics related to worker classification, its impact on the workforce, and recent Department of Labor rulings.Continue Reading Register Now | MT|SHRM 2024 Employment Law Conference | October 16-17
Register Now | Key Considerations for General Counsel Webinar
Join us on May 14 for a deep dive into top legal trends that general counsel should prioritize as they continue to navigate 2024’s evolving regulatory landscape related to labor and employment issues and developments. Our presenters will discuss various topics, including challenges related to DEI initiatives and disclosures and the SEC’s focus on separation and severance agreements. They will also revisit the FTC’s non-compete ban and provide relevant updates.Continue Reading Register Now | Key Considerations for General Counsel Webinar
Ways Employers Can React to Employees Rescinding a Resignation
I was quoted in a recent article published by Society for Human Resource Management (SHRM) exploring ways employers react to employees rescinding their resignation. In some cases, employers might allow the employee to stay, but I offered insight on the legal considerations when making this decision.Continue Reading Ways Employers Can React to Employees Rescinding a Resignation
NLRB Issues New Rule Broadening Joint-Employer Status
NOTE: This post was originally written October 31, 2023, and was updated on December 12, 2023.
The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, the NLRB recently voted to delay by 2 months and is now set to go into effect on February 26, 2024, drastically broadens the scope of who can be considered a joint employer under the NLRA.Continue Reading NLRB Issues New Rule Broadening Joint-Employer Status
Register Now | Significant Labor & Employment Law Developments Impacting the Workplace
Recent years have brought a steady stream of developments in labor and employment law, and 2023 has been no exception. As we expect regulatory and legislative changes to continue, it is critical for employers and HR professionals to stay informed of the impact these developments will have in the workplace. We invite you to join us for a lively presentation discussing the significant legal developments that employers should consider as we look forward to 2024.Continue Reading Register Now | Significant Labor & Employment Law Developments Impacting the Workplace
Sixth Circuit Adopts New Certification Procedure Under the FLSA
The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly situated.” Continue Reading Sixth Circuit Adopts New Certification Procedure Under the FLSA
Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness – Updated OSHA Guidance
The Occupational Safety and Health Administration (OSHA) has issued new guidance regarding an employer’s obligation to record all COVID-19 illnesses among workers if the illness is “work-related.” This new obligation went into effect on May 26, 2020, and supersedes guidance issued in April.
Recordkeeping Obligations
Employers are responsible for recording cases of COVID-19 if all of the following requirements are met:
- The case is a confirmed case of COVID-19, as defined by the CDC.
- The case is work-related, as defined by 29 CFR § 1904.5.
- The case involves one or more of the recording criteria set forth in 29 CFR § 1904.7 (e.g., medical treatment, days away from work).
When is a COVID-19 Illness Work-Related?Continue Reading Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness – Updated OSHA Guidance