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The National Collegiate Athletic Association recently received preliminary approval of its $2.8 billion settlement House v. NCAA, which represents a seminal moment in the ongoing debate about compensating student-athletes.
Read →This summer, the Kentucky legislature enacted a law to roll back worker protections and protect employers from claims of wage theft by reducing the statute of limitations for claims for employment violations. The new law became effective in July 2024, so Kentucky employees should be aware that any wage claims under Kentucky law are now subject to the shortened timeframe for filing.
Read →Recently, courts across the country have given wide latitude to arbitration agreements, upholding those agreements even when the employee may have been tricked into signing the agreement. See McCumbee v. M Pizza, Inc., 2023 U.S. Dist. LEXIS 55466 (N.D. W.V. March 30, 2023).
Read →The Department of Labor has implemented a new final rule to prevent employers from skirting the FLSA’s overtime protections by classifying low-paid salaried employees as “exempt” from overtime by classifying them as executive, administrative or professional employees (referred to as the “EAP” or “white-collar” exemption). This is welcome news to workers who worked side-by-side with hourly employees but were denied premium pay for hours worked over forty in a given workweek due to an outdated loophole.
Read →On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule ( https://www.ftc.gov/system/files/ftc_gov/pdf/noncompete-rule.pdf ) that bans noncompete agreements. The FTC issued this new rule to promote competition and protect the fundamental freedom of workers to change jobs.
Read →Societies can change a lot over the course of twenty years. Behavior that may have once been considered normal may now be frowned upon or deemed outright unacceptable. In the workplace, failing to “keep up with the times” and maintain a “harassment free” workplace can lead to significant liability.
Read →Migrants, immigrants and undocumented workers are often targeted by companies seeking to exploit cheap labor. While it is illegal for employers to hire undocumented workers, many do anyway and take advantage of these and other non-citizen workers. Abuses range from paying subminimum wages, failing to provide safe work environments. Employers should be cautioned – a number of laws provide protections to all workers alike.
Read →Under the Fair Labor Standards Act, the general rule is that an employer must pay an employee for all hours worked. This includes all time an employee must be on duty, must be on the employer’s premises, or must be at any other prescribed place of work.
Read →On January 10, 2024, the Department of Labor (DOL) published a new rule that went into effect on March 11, 2024. A copy of the new Rule can be viewed here: Federal Register :: Employee or Independent Contractor Classification Under the Fair Labor Standards Act .
Read →On March 28, 2024, John Stotesbery, a delivery driver who formerly worked for a MUY Brands Pizza Hut store, asked the District of Minnesota to grant preliminary approval of his proposed $4.5 million settlement.
Read →The Family and Medical Leave Act was enacted to ensure that eligible employees can enjoy unpaid job-protected leave for qualifying family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. In essence, FMLA leave is designed to prevent an eligible employee from experiencing a family or medical event and winding up without a job and without insurance. And, when an employee returns from FMLA leave, they must be restored to the same job that the employee held when the leave began, or to an equivalent job.
Read →On March 12, 2024, the Sixth Circuit federal court of appeals issued its decision on two lawsuits alleging that pizza companies under-reimbursed their delivery drivers. The decision charts a new course for businesses and these types of cases.
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