» employee misclassification
The Supreme Court’s end-of-term majority opinions threaten the rule of law
July 8th, 2024
On the heels of the majority opinion issued by the Supreme Court in Starbucks v. McKinney, analyzed here, the majority opinion given by the Supreme Court in Loper Bright Enterprises v. Raimondo declared that Federal courts can no longer defer to the…
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Supreme Court seeks to curb longstanding and vital authority of enforcement agencies
June 27th, 2024
Consistent with rhetoric used by the prior Federal administration and its allies in Congress, a majority of the Supreme Court appears interested in limiting law enforcement agencies’ effectiveness as the investigative and prosecutorial missions of…
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Categories: Blog
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
Employers increasingly using stay-or-pay “contracts” that facilitate exploitation
November 27th, 2023
Since the declaration of the global pandemic in 2020, awareness about fundamental disparities in the labor market between employers and employees has grown significantly. Consequently, and as an example, States like Minnesota have outlawed non-compet…
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Categories: Blog
Minnesota enacts landmark legislation that leads the nation in promoting workplace fairness
June 1st, 2023
Minnesota Governor Tim Walz recently executed comprehensive and progressive reforms to labor & employment law passed by the Minnesota Legislature during the 2023 legislative session. This transformative legislation, SF3035, enacts numerous and im…
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Categories: Blog
Supreme Court confirms that employers must pay the overtime rate to highly compensated “executives”
May 13th, 2023
The Supreme Court recently ruled that the Fair Labor Standards Act (“FLSA”) requires employers to pay the overtime rate to highly compensated employees when those employees work more than 40 hours in a given week – no matter how high the day-ra…
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Categories: Blog
State Attorneys General increasingly enforcing workplace rights and helping to make a just transition to renewable energy use
December 6th, 2022
A recent report jointly prepared and issued by Harvard Law School’s Labor and Worklife Program and New York University School of Law’s State Energy & Environmental Impact Center underscores the importance of State Attorneys General in the cur…
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Categories: Blog
Creative agency enforcement aims to fill gaps in employment law protections
October 3rd, 2022
The Federal Trade Commission (“FTC”), which traditionally focused on enforcing antitrust and consumer protection laws, recently and publicly declared its new priority of enforcing work-related protections. According to this new policy, the FTC is…
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Categories: Blog
DOL moves employment law in right direction
August 2nd, 2021
On July 30, 2021, the United States Department of Labor (“DOL”) rescinded a rule adopted under the prior Federal administration that limited when more than one company is responsible for wage theft, employee misclassification, or other violations…
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Economic analysis shows better enforcement needed to protect employee rights
July 1st, 2021
The reports of widespread wage theft, employee misclassification, and employer retaliation have continued, if not increased, in recent years. Consequently, the results of a new study are both unsurprising and deeply troubling for those who seek workp…
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Categories: Blog