Category Archives: Labor and Employment

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The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme Court reinterpreted and ultimately rejected the Borello test for determining whether workers should be classified as either employees or independent … Continue Reading

Obese Employees May Be Protected Under FEHA

By Bryanne Lewis on February 1, 2018 Posted in Disability, FEHA, Labor and Employment

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908 (2017), Plaintiff was a woman diagnosed as severely obese, weighing over 350 pounds, at five feet five inches tall. … Continue Reading

Tax Reform: Nonprofits and their Executives Brace for Impact

By Tamar Rosenberg, Jay Gerzog and Amanda Zablocki on December 7, 2017 Posted in Bonus Compensation, Educational Updates, Employee Benefits, Health, Labor and Employment

The Senate voted yesterday to begin formal negotiations with the House of Representatives to reconcile their two versions of the Tax Cuts and Jobs Act, a bill that seeks to make sweeping changes to federal tax law. Republicans are racing to enact a final bill before Christmas. Under both versions of the bill, tax-exempt organizations … Continue Reading

Federal Court Strikes Down Department of Labor’s Overtime Rule

By John Ellis on September 8, 2017 Posted in Department of Labor, Exempt, Fair Labor Standards Act (FLSA), Labor and Employment

On August 31, 2017, Judge Amos Mazzant in the United States District Court for the Eastern District of Texas issued an order granting a group of twenty-one states’ and fifty-five business associations’ motion for summary judgment in consolidated cases seeking declaratory and injunctive relief against a May 23, 2016 Department of Labor rule drastically increasing … Continue Reading

The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees

By Greg Berk on September 6, 2017 Posted in Forms I-9, Immigration, Labor and Employment

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact … Continue Reading

DOL Finally Has Its Leading Guy

By Brett Young on April 28, 2017 Posted in Labor and Employment

Yesterday, the Senate confirmed R. Alexander Acosta (R) to become the new Secretary of Labor by a vote of 60-38. Acosta’s appointment and confirmation come after President Donald J. Trump’s prior nominee, Andrew Puzder, withdrew his name from consideration.… Continue Reading

Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

By Jonathan E. Meyer, David Gallacher and Greg Berk on April 20, 2017 Posted in Labor and Employment

On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of ending the “theft of American prosperity” by focusing on American workers and products. While the details of … Continue Reading

New Jersey Supreme Court Holds That an Employer Can Sue a Disloyal Employee To Clawback Salary Without Showing Economic Loss

By Sheppard Mullin on October 26, 2015 Posted in Labor and Employment, Termination

In Kaye v. Rosefielde (A-93-13), the New Jersey Supreme Court recently held that an employer need not demonstrate that it suffered an economic loss in order to recoup the salary of a disloyal employee. The Court explained that courts have the equitable power to require disgorgement for any pay periods during which the employee was … Continue Reading

Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations Quickly Approaches

By Gregg Fisch and Rachel Landauer on October 6, 2015 Posted in Labor and Employment, Wage and Hour

Recently, the D.C. Circuit Court of Appeals ruled in Home Care Association of America, et al. v. Weil, that the Department of Labor’s (“DOL”) regulations about the inapplicability of certain statutory exemptions for third-party employers of home care workers are enforceable and that the federal minimum wage and overtime rules will apply to these types … Continue Reading