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Labor Department Will Tackle Joint Employment And Overtime Issues…But When?

Fisher Phillips • October 17, 2018
Right after the clock struck midnight this morning, the U.S. Department of Labor unveiled its new regulatory agenda for Fall 2018 and announced its intention to soon tackle two of the hottest topics in the labor and employment world: joint employment and overtime pay. But employers can be forgiven if they approach this announcement with some degree of skepticism, as the USDOL has missed previous target dates—at least when it comes to the long-delayed overtime rule. What does this latest development mean for employers, and when can you expect to see some tangible results?

DOL Delays Overtime and Tip Credit Rules, Plans Joint Employment Rule

XpertHR • October 17, 2018
The latest regulatory agenda from US Department of Labor (DOL) outlines the agency's plans for rulemaking that will affect employers across the nation. Among the most notable developments are:

Arbitration Agreements for Independent Contractors in the Transportation Industry Under Fire

Ogletree Deakins • October 17, 2018
The oral arguments on October 3, 2018, before the Supreme Court of the United States in New Prime, Inc. v. Oliveira have created waves of uncertainty in the transportation industry about the enforceability of arbitration agreements. The question before the Court is whether the Federal Arbitration Act’s (FAA) requirement that courts enforce arbitration agreements applies to the huge contingent of independent contractors working in the transportation industry. Specifically, while the FAA has an exemption for “contracts of employment” for “workers” in the transportation industry, there is a dispute as to whether this exemption is limited to employees or is intended to encompass independent contractors as well.

New CA Case Confirms: No Absolute Rule to Permit Leave to Amend to Substitute Class Representative If Named Plaintiff Is Found Inadequate

Jackson Lewis P.C. • October 17, 2018
In Jones v. Farmers Ins. Exchange (2013) 221 Cal.App.4th 986 (“Jones”), the California Court of Appeal held that “[t]he lack of an adequate class representative … does not justify the denial of the certification motion. Instead, the trial court must allow Plaintiff[[] an opportunity to amend [his] complaint to name a suitable class representative. [Citation & fn. omitted.] The court should then grant the certification motion if it approves a class representative.” Id. at 999.

Illinois Joins Growing List of States Mandating Employee Business Expense Reimbursement

Jackson Lewis P.C. • October 17, 2018
An amendment to the Illinois Wage Payment and Collection Act (IWPCA) imposing an affirmative duty on employers to reimburse employees for certain expenses incurred during their employment will go into effect on January 1, 2019.

Non-Compete News: In Georgia, Whether It Is a Non-Compete or a Non-Solicit Makes All the Difference

FordHarrison LLP • October 17, 2018
Georgia’s Restrictive Covenants Act (the “RCA”) became effective in May 2011, but it took nearly six years before a court published a decision interpreting the statute in the context of a non-competition provision (See our previous legal alert regarding the first published decision). Therefore, companies deciding whether to use or enforce a non-compete agreement have little guidance regarding how courts will interpret such agreements under the law.
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