The rise of social media has recently altered several areas of the law, including class and collective action litigation. In 2013, a group of former interns sued Gawker Media, an online media company and weblog network, claiming it had violated the Fair Labor...
Minimizing Risk. Resolving Disputes. Protecting Your Business.
Year: 2015
FLSA: Employers, the Courts and Private Settlements
No matter how an employer choses to handle an FLSA complaint, it is important to know that the FLSA requires the Department of Labor to supervise all potential violation settlements. This means that employees who receive severance packages or conditioned settlement...
Starting or running a business? Do not ignore these legal issues.
Startups and businesses are great opportunities for entrepreneurs to achieve their vision. In the pursuit of finding and retaining talented employees, many of these businesses overlook several "hidden" legal issues which can be detrimental to long profitability and...
Franchises as Joint Employers-The Battle Continues
While recent National Labor Relation Board (NLRB) decisions have begun to impose liability on franchises as joint employers, there has been a backlash from Congress and the Courts against this legally unprecedented action. In January, a California judge held that the...
Employee or Contractor? The Taxing Distinction
As tax season is well underway, employers are asked to define who is on their payroll. Employees or contractors? This is a seemingly simple distinction, but an employer may not have the same classification as the IRS or their respective state's department of treasury....
Franchises and Joint Employers
The nationally recognized companies McDonalds, Dunkin Donuts, 7-Eleven, Hampton Inn and Subway have built success by franchising their business locations. Individuals and businesses buy the rights and pay royalties to open up a franchise, and in turn share in the...
The Black Swan Case: Unpaid Interns and the FLSA
In 2011, two unpaid production interns who worked on the set of the film, Black Swan, filed suit against Fox Searchlight Pictures, alleging the company had violated New York and federal minimum wage laws. These interns were required to perform tasks such as organizing...
Home Care Aides and the FLSA: Judicial Checks on the Department of Labor
In 2014, the Department of Labor adopted a new regulation, scheduled to take effect on January 1, 2015. This new regulation aimed to eliminate an exemption from the Fair Labor Standards Act (FLSA) for home care aides and those who provide live-in domestic services. On...