Minimizing Risk. Resolving Disputes. Protecting Your Business.
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...
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....
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...
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...
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...
Recently, there has been a surge in FLSA litigation. Employees will often join in a suit challenging their status as exempt from the overtime requirements of the FLSA. A thorough knowledge of how employees are required to be compensated in accordance with the FLSA is...
For decades, Wal-Mart has been an enormously successful, if not controversial, corporation. Wal-Mart has been lauded for their efficiency and lasting profitability. However, due to poor employee policies and payroll record keeping, the Wal-Mart has been besieged with...
On Tuesday December 9, 2014, businesses everywhere were provided with a valuable tool in defending themselves from FLSA litigation. The Supreme Court ruled unanimously that a staffing agency was not required to pay workers at Amazon Warehouses for the time they spent...