Commission Sales Representatives Seek Conditional Certification in FLSA Collective Action: Is There a Defense?

A group of sales representatives for a car dealership have requested conditional certification in a Fair Labor Standards Act case.  The employees allege that they were paid less than minimum wage and were not properly paid their commissions.  The case is entitled Hotaranu et al. v. View Full Post
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Think Before You Call: Contacting Employees On FMLA Leave

Call centerHow many employers have had this situation arise?  An employee requests and receives FMLA leave.  While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was working on, or a crucial question comes up that only the employee on leave can answer. View Full Post
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Epstein Becker Green to Participate in the 2017 National Club Conference in New York

Epstein Becker Green is pleased to be participating in the National Club Association’s 2017 National Club Conference at the New York Athletic Club on May 22-24, 2017. Jeffrey H. Ruzal, Member of the firm and leader of Epstein Becker Green’s Hospitality industry service team is featured in the afternoon General Session on May 22, 2017 and will discuss misclassification of club staff. View Full Post
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Are You Ready for Upcoming Negotiations? – Know Your Contract Costs

Calculating-DataIt’s that time of the year when we begin to negotiate labor agreements set to end on June 30th.  Have you started your preparations for the negotiating process? One critical step in labor negotiations is costing your existing MOU.  What do we mean when we say “costing?”  It means you should be able to identify what each item in the MOU costs on a fiscal year basis and thereby determine the total cost of the contract to your agency. View Full Post
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What is the Current Status of OSHA’s Injury and Illness Reporting Rule?

What is the Current Status of OSHA’s Injury and Illness Reporting Rule? As we previously reported on this blog, OSHA recently made sweeping changes to its injury and illness reporting rule.  The agency delayed enforcement of the rule until December 1, 2016.  Many industry advocates were hoping for a reprieve, and several industry groups, including the Associated Builders and Contractors and the National Association of Manufacturers, had filed suit, seeking a preliminary injunction to prevent the rule from going into effect.  View Full Post
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White House Urges Suspension of DOL Fiduciary Rule

By | Employee Benefits Blog | February 21, 2017
White House Urges Suspension of DOL Fiduciary Rule The future of the fiduciary rule—originally set to be implemented this upcoming April—remains uncertain after the White House directed the United States Department of Labor (DOL) to reevaluate, defer implementation and consider rescinding the controversial new fiduciary rule on February 3, 2017. In response to the White House, the acting US Secretary of Labor announced that the DOL will now consider its legal options to delay the applicability date to comply with the President’s directive. View Full Post
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My Employees Want to Participate in a National Strike, What Are My Options?

A new tide of political involvement has swept the nation after the election of President Donald Trump.  Groups of people are marching, participating in Town hall rallies, and organizing at the grass roots level at an unprecedented rate.  Recently, the group that organized the Women’s March on Washington has announced that they are organizing a Woman’s strike which, as the organizers are claiming will entail: “A day of striking, marching, blocking roads, bridges, and squares, abstaining from domestic, care and sex work, boycotting, calling out misogynistic politicians and companies, striking in educational institutions.” In labor parlance a strike has a very particular meaning and effect and, depending on if the strike is lawful or unlawful, the ramifications of engaging in a strike can be dire.  View Full Post
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Key Employment Law Developments Expected During 2017

By | Global Workplace Insider | February 21, 2017
2017 has started with the issuance of important rulings from the Constitutional Court, regarding special protection of stability for: (i) employees close to retirement, and (ii) for the mates of women who are unemployed and expecting a child. Also, at the beginning of the year the Congress issued new provisions on maternity leave. View Full Post
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