» collective action
DOL targets gig economy abuses
January 15th, 2024
The United States Department of Labor (“DOL”) recently announced the adoption of an administrative rule that better addresses the escalating problem of employee misclassification. In particular, companies increasingly misclassify employees as ind…
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Categories: Blog
DOL enforcement continues to move in progressive direction
March 8th, 2023
The United States Department of Labor (DOL) recently issued an agency rule that rescinds the approach adopted under the prior Federal administration. The previous Federal administration’s practice permitted Federal contractors to use religious fait…
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Categories: Blog
EEOC steps up to address the pandemic’s impact
June 9th, 2021
The United States Equal Employment Opportunity Commission (“EEOC”) recently issued public guidance regarding the use of incentives to encourage employees to be vaccinated against COVID-19. This technical assistance from the EEOC outlines how empl…
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Politicized Supreme Court, by a slim majority, again sides with corporations
May 1st, 2018
By a 5-4 margin, the United States Supreme Court opted to deviate from over 70 years of clearly established legal precedent to make it more difficult to hold employers accountable for wage theft. In that case, Encino Motocars, LLC v. Navarro, the 5-p…
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Categories: Blog
The handouts for corporations continue
February 5th, 2018
After pushing through a tax law that will cause a dramatic transfer of wealth to the richest individuals and largest corporations, the Trump administration is now evidently seeking to take more money out of the pockets of ordinary Americans. In parti…
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Categories: Blog
Federal tax “reform” will deform the economy and undercut workplace rights and other core protections
January 1st, 2018
Without any public hearings, Congress rushed to pass a tax “reform” law that will likely cause the largest redistribution of wealth in the nation’s history. In particular, tax rates for country’s most wealthy individuals and corporations will…
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Employment litigation in 2014: mostly more of the same
January 15th, 2014
Much of the court caseloads in recent years has focused on class actions and collective actions prosecuted concerning wage-and-hour violations as opposed to discrimination, retaliation, harassment, or other civil rights claims. For over a decade, in…
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Categories: Blog
The Supreme Court’s radical ruling for the proverbial 1%
June 24th, 2013
The latest decision by the Supreme Court about the arbitration of statutory claims will, going forward, preclude court action even when doing so deprives small businesses and many people of any meaningful legal recourse. In rendering such an extreme…
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Categories: Blog
Class actions under arbitral attack
February 20th, 2013
The Supreme Court has continued to exhibit a preference for arbitration over court litigation in a number of recent rulings, including those that have limited the ability to pursue class actions and collective actions. The Supreme Court’s agenda se…
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Categories: Blog