Extending Sharing of Restaurant Workers’ Tip Pool Beyond Servers and Those With Daily, Recurring Similar Duties Risks Serious Liability

About a decade ago plaintiffs’ employment lawyers discovered the plaintiff-friendly attorneys’ fee provisions of the Fair Labor Standards Act (FLSA). As a result, overtime pay suits by private lawyers went from almost none to very numerous -- and with very costly consequences for employers. CONTINUE READING...

Employers Beware: The National Labor Relations Board Cracks Down on Non-Disparagement Policies

Do you know which policies would constitute a violation of the National Labor Relations Act (NLRA)? Employers should review their policies to ensure that the policies are not overbroad and do not encompass what could be reasonably interpreted as chilling employees’ Section 7 protected concerted activities. CONTINUE READING...

The DOJ And FTC Crack Down On Competition Amongst Firms For Employees

At the end of last year, the Department of Justice, Antitrust Division (“DOJ”), and the Federal Trade Commission (“FTC”), jointly authored a guidance to address potential violations of anti-trust laws impacting employee hiring and compensation decisions. The guidance was intended to encourage Human Resources professionals and other decision makers to institute safeguards in situations where companies are attempting to hire the same employees by expressly prohibiting “inappropriate” discussions or agreements. CONTINUE READING...

President Trump Reverses “Blacklisting Rule”

President Trump has permanently blocked previously issued Executive Order 13673 - Fair Pay & Safe Workplaces, also known as the “Blacklisting Rule”. CONTINUE READING...

Worker Misclassification – A Pandora’s Box

Worker misclassification continues to be an ongoing problem throughout the country. The effect of this has its greatest impact on low wage earners. By virtue of being misclassified as independent contractors, as opposed to employees, such workers do not have legal protections of employees, such as minimum wage and overtime protection or unemployment and worker’s compensation coverage. CONTINUE READING...