In recent years, the Department of Labor’s (DOL) Wage and Hour division has focused much of its enforcement efforts at workers who have been misclassified as independent contractors rather than employees entitled to protections provided by the Fair Labor Standards Act (“FLSA”). Indeed, misclassification continues to be the single most […]
Labor & Employment Law Update
Mandatory Sick Leave Laws Add Complexity for Multi-State Employers
Within the past several weeks, three states – California, Massachusetts and Oregon – have joined Connecticut and other jurisdictions in requiring employers to provide paid sick leave. While the overall intent of these laws is similar from state to state – to guarantee most workers at least a few days […]
NLRB Severely Undermines Employer Investigation Rights
Once upon a time, common sense typically governed employee misconduct investigations. In those days, employers understandably and routinely cautioned employees not to discuss pending investigations with coworkers, and protected the written statements of potentially vulnerable employees who reported coworker misconduct. Normal thinking in those “good ole days” suggested that collaboration […]
OFCCP Issues Proposed Guidance and Rule Implementing Fair Pay and Safe Workplaces Executive Order
On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Order”), which would require certain prospective federal contractors to disclose labor law violations and would give agencies more guidance on how to consider labor violations when awarding federal contracts. You can access the newsletter article […]
United States Department of Labor Proposed Rule Will Extend Overtime Protection to Nearly 5 Million Americans with White Collar Jobs
The United States Department of Labor’s (“DOL”) has proposed a rule that will significantly increase the number of employees who are entitled to overtime protection under the Fair Labor Standards Act (“FLSA”). The FLSA requires employers to pay employees at an overtime rate, i.e. one and a half times their […]

