On April 29, 2019, the U.S. Department of Labor issued a new opinion letter regarding the independent contractor / employee distinction under the Fair Labor Standards Act (FLSA). In opinion letter FLSA2019-6, the Department’s Wage and Hour Division (WHD) addresses [...]
Earlier this month, the U.S. Department of Labor’s (DOL) Wage and Hour Division released updated Family Medical Leave Act (FMLA) forms. The DOL forms are designed to meet employer’s requirements for providing certain notices to employees (such as notices [...]
In an earlier post, we analyzed the Supreme Court’s holding in Epic Systems Corp. v. Lewis, which held that employers may include in employment agreements arbitration provisions that require employees to arbitrate their disputes individually rather than through a collective [...]
If someone files suit against me and I win, can I force the other side to reimburse my legal fees? Traditionally, the answer has been no – American courts follow the “American Rule,” under which each litigant generally pays his [...]
Before two businesses engage in discussions about a potential business relationship, they often start by signing a non-disclosure agreement, or NDA. Many companies have an approved NDA form that their employees are instructed to use. Not all NDAs are created [...]
In the wake of public outrage over Harvey Weinstein, who escaped public notice of numerous sexual harassment complaints against him through The Weinstein Co.’s use of non-disclosure agreements (NDAs) in settling the complaints, and Congress, which has reportedly spent millions [...]
While my last few blogs have focused on managers, I’ll now shift my focus to those in the early stages of their careers. This guidance is best suited for someone in a large law firm or business, but I hope [...]
In a big win for employers, the U.S. Supreme Court ruled 5-4 last week in Epic Systems Corp. v. Lewis that employers may include in employment agreements arbitration provisions that require employees to arbitrate their disputes individually, rather than through legal [...]
Judge Richard Posner of the 7th Circuit Court of Appeals wrote in a 2013 opinion that “[i]nnumerable are the lawyers who explain that they picked law over a technical field because they have a ‘math block’”. The number of lawyers [...]
Employers want employees to stay connected. Employees appreciate the flexibility of working remotely. So employers let employees access email and login to company applications on their own phones, laptops, and other devices. In fact, according to one source, 59% of [...]
