During the last 15 years, wage and hour lawsuits filed in federal court have risen over 450%. According to the Judicial Resource Center, 8,781 Fair Labor Standards Act lawsuits were filed in 2015, which is a 7.6 percent increase from 2014. This year has seen new...
Minimizing Risk. Resolving Disputes. Protecting Your Business.
Year: 2015
Expansion of the Joint Employer-NLRB Browning-Ferris Decision
At the end of August, the National Labor Relations Board (NLRB) handed down a decision, departing dramatically from past precedent, ruling that companies may be held liable for labor violations conducted by their contractors and subject to joint collective bargaining...
Zannikos and the Fifth Circuit: Highly Compensated Oil Workers May be Exempt from the FLSA
Over the winter, our firm wrote an article about various FLSA exemptions and used the case of Zannikos v. Oil Inspections to illustrate the application of the highly compensated employee exemption. To summarize, in 2012, Vasilios Zannikos, on behalf of all similarly...
The New Overtime: Proposed Rules from the Department of Labor
On July 6, 2015, the Department of Labor (DOL) proposed a new set of requirements for workers who may receive overtime wages. The proposed rule expands the class of overtime eligible employees. The DOL's proposed rules are in direct response to President...
Changes to the Gist of the Action Doctrine in Pennsylvania
Recently, the Pennsylvania Supreme Court has issued a ruling which may grant tort claims for fraudulent contract performance. Bruno v. Erie Ins. Co., 106 A.3d 48 (Pa. 2014). Pennsylvania courts have employed two methods to determine whether tort claims that accompany...
King v. Burwell: Affirming the Affordable Care Act
The controversial Affordable Care has caused debate and litigation since it was signed by the President in 2010. The Affordable Care Act embodies three reforms to overhaul the American healthcare system. First, the Act required guaranteed issue and community rating...
Employee or Contractor: The Case of Uber and Ride Sharing
In today's economy, technology and "sharing" based platforms are redefining who is considered a contractor and who is an employee. Ride sharing businesses have taken hold in cities across the United States. The model is simple, but extremely profitable. Ride sharing...
Paid Sick Leave: New Duties for Employers
In a current wave of legislation, states and cities across the country are passing laws and ordinances granting workers paid sick leave. Massachusetts, Connecticut, California and Washington have passed state wide laws permitting leave. Cities such as Philadelphia,...
Wellness Incentives and Employer Provided Healthcare Plans
Under the Affordable Care Act, employers who provide health benefits may use financial penalties and incentives to encourage staff to participate in wellness programs which seek to evaluate and encourage workers' healthy behaviors and other lifestyle choices. Programs...
Department of Labor to Propose New Overtime Rules
The Executive Branch has pushed for the expansion of overtime availability. Last year, President Obama used his executive authority to trigger a review and revision of the current overtime rules, which currently prevent certain classes of salaried workers from...