Archive for 'News & Media' Category
Jun 19, 2017

The National Labor Relations Act (“NLRA”) was enacted in 1935 to “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices.”[1] The Federal Arbitration Act (“FAA”) was enacted in 1925 to encourage private dispute resolution through arbitration.[2] Whether two federal statutes can live […]

Jun 12, 2017

Whether a worker is classified as an “employee” versus an “independent contractor” has significant ramifications. Indeed, according to the Department of Labor, “[t]he misclassification of employees as independent contractors presents one of the most serious problems facing affected workers, employers and the entire economy.”[1] There are many protections for employees that simply are not available […]

Jun 12, 2017

Ohio Break Laws Breaks and lunches are an essential and often expected part of a workday but the reality of Ohio’s break laws might surprise you. Employers in the state of Ohio are not required to give anybody 18 or older breaks throughout their work shift. That being said you will be hard-pressed to find […]

Dec 15, 2015

The misclassification of employees is both against the law and damaging to the employee and employer. Employees lose significant wages when they are misclassified, while employers are confronted with large class action lawsuits and potentially hefty monetary judgments awarded against them. Generally, the Fair Labor Standards Act (“FLSA”) requires an employer to pay employees the […]

Dec 9, 2015

An often difficult issue for employers is whether meal breaks for non-exempt employees under the Fair Labor Standards Act (“FLSA”) count as compensable hours worked. Generally, the FLSA regulations state meal breaks do not count as hours worked when an employee is “completely relieved from duty for the purposes of eating regular meals.” 29 C.F.R. […]

Nov 3, 2015

In a suit brought against Major League Baseball (MLB) by a group of former minor league players, a California federal court has granted a conditional class certification. The group of former players alleges they were not paid the requisite minimum wage in violation of the Fair Labor Standards Act (FLSA). As a result, the ruling […]

Oct 15, 2015

News Release SOCIAL SECURITY Law Does Not Provide for a Social Security Cost-of-Living Adjustment for 2016 With consumer prices down over the past year, monthly Social Security and Supplemental Security Income (SSI) benefits for nearly 65 million Americans will not automatically increase in 2016. The Social Security Act provides for an automatic increase in Social […]

Oct 6, 2015

Companies often seek to limit their risks in business, as well as limit their overall payroll expenditures. What simpler way to limit payroll risks than by implementing an “eat what you kill” compensation system that provides an employee the opportunity to work on a pure commission basis? However, employers should beware of violating the Fair […]

Oct 1, 2015

A McDonald’s worker speaks on a bullhorn outside O’Hare Airport yesterday. (Airport Workers United / Facebook) Encouraged by an energetic rally of more than 100 janitors and other members of Service Employees (SEIU) Local 1, a group of low-wage security, cleaning and passenger service workers at Chicago’s O’Hare Airport on Tuesday launched a campaign to […]

Sep 16, 2015

Silicon Valley entrepreneurs keep telling us their way of doing business will “change the world.” And in many ways it already has, but it’s changed your world differently than it’s changed theirs. The “sharing” or “gig” economy—think Airbnb, Uber, and Taskrabbit—has made massive fortunes reducing labor to disassembled microtasks; unfortunately, it’s shrunk workers’ rights too. […]