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HTMLObservations From the AGC National Convention About Ethics, Safety and the NLRB
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
April 7, 2015, previously published on March 18, 2015
I’m writing this post while a band does a nice job with Beach Boys songs while my buddies here at the AGC National Convention in San Juan, are, to use the vernacular at the time, cutting a rug. And I’m typing. Not sure what that says about me, and yes, that was rhetorical, so spare me...

 

HTMLMore Lessons From a Trade Association National Convention
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
April 7, 2015, previously published on March 20, 2015
Not every commentator links character, love of family, and a commitment to one’s family, nation and industry to business success, but I’m convinced that the connection exists as much now as in the supposedly less complicated “Old Days.” Certainly our values and view of the...

 

HTMLRecent Examples of Getting Sued By Employees
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
April 7, 2015, previously published on March 25, 2015
A recent Law 360 headline described a corporate senior counsel explained providing an erotic book with “playful and provocative” drawings to a fellow manager as an “innocent gift.” He had even written an inscription which read, “a taste of Dharma Bum to remind that the...

 

HTMLNinth Circuit Holds Service Advisors Non-Exempt Under FLSA Dealership "Salesman" Exemption; Section 7(i) Exemption Is Still Available
Colin P. Calvert, Todd B. Scherwin; Fisher & Phillips LLP;
Legal Alert/Article
April 7, 2015, previously published on March 25, 2015
The Ninth Circuit U.S. Court of Appeals (with jurisdiction over the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has ruled in Navarro v. Encino Motorcars, LLC that Service Advisors employed by automobile dealerships do not qualify for the Section...

 

HTMLUnions Unleash Safety Attacks on Fast Food Restaurants
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
March 25, 2015, previously published on March 17, 2015
Yesterday was one of those occasions when I wish that my predictions had been inaccurate. I have speculated that the SEIU and other unions harassing fast food restaurants would eventually add mass OSHA complaints to their joint employer, discrimination, living wage, and other attacks. Yesterday,...

 

HTMLShifting Landscape: The Evolving Definition of Joint Employers
Gregory D. Hanscom; Fisher & Phillips LLP;
Legal Alert/Article
March 24, 2015, previously published on March 18, 2015
The National Labor Relations Board and various union-backed organizations are ratcheting up efforts aimed at changing the landscape of who qualifies as a joint employer. Right now, these aggressive efforts are most pronounced in the franchise industry where the NLRB and other organizations continue...

 

HTMLCongress Has Spoken Mr. President - No Quickies
Lori Armstrong Halber; Fisher & Phillips LLP;
Legal Alert/Article
March 24, 2015, previously published on March 19, 2015
In the words of House Education and the Workforce Committee Chairman John Kline (R-MN), “Today, Congress voted to stop an unelected board of bureaucrats from trampling on the rights of America’s workers and job creators.” The House voted today to join the Senate and send a...

 

HTMLCourt Rejects Kentucky Wage-Hour Representative Actions
Timothy J. Weatherholt; Fisher & Phillips LLP;
Legal Alert/Article
March 24, 2015, previously published on March 20, 2015
The Kentucky Wages and Hours Act provides the mechanism for pursuing redress for minimum-wage or overtime violations under that law. KRS 337.385 provides, in pertinent part, that "[s]uch action may be maintained in any court of competent jurisdiction by any one (1) or more employees for and...

 

HTMLEmployment Law in Switzerland: Part III
Amanda K. Caldwell; Fisher & Phillips LLP;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
This article is the third in a series which will provide an introduction to employment law in Switzerland and will cover the basic laws applicable to prohibitions against discrimination and harassment and the remedies available to employees who prevail in actions against their employers for...

 

HTML"Predictable Scheduling": An Undiscovered FLSA "Right"?
John E. Thompson; Fisher & Phillips LLP;
Legal Alert/Article
March 24, 2015, previously published on January 29, 2015
U.S. Wage and Hour Administrator David Weil reportedly has said that the Division is "looking very actively at" the question of whether workers should be legally entitled to "predictable scheduling". In recounting Mr. Weil's statements in a recent interview, Daily Labor Report...

 


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