We have experienced a watershed change in the law this week and its ripples will move outward in ever widening circles for years to come. This is, naturally, the decision in Epic Systems Corp. v. Lewis (one of a trio of cases, the others being National Labor Relations Board v. Murphy Oil USA and Ernst
National Labor Relations Act
Save Local Business Act Passes House: Legislative Narrowing of a Judicial Doctrine
By Mark Tabakman on
I recently blogged about this possibility and now it has come to fruition. The House of Representatives has passed a proposal to walk back the Obama USDOL initiative to expand the doctrine of joint employer status/liability for violations of labor law. The vote was 242-181 and followed (mostly) party lines. The new law would amend…
House Republicans Introduce Joint Employer Legislation To Overturn Browning-Ferris
By Mark Tabakman on
The joint employer possibility is a dangerous one for employers, as two related (or semi-related) entities may be held liable for overtime monies if the hours worked by employees at the two (or more) entities exceed 40. Now, Republicans in the House of Representatives have introduced a bill to narrow the definition of joint employment…
Use Of Preemption Defense In Wage-Hour Lawsuit May Kill Entire Action
By Mark Tabakman on
When I am faced with a wage suit, whether individual or class action, I always look for a “magic bullet” a quick fix, a tactic that might make the entire suit go away in one fell (and less costly) swoop.
One of these tactics is to use a preemption defense. Where there exists a labor…