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Employee Classification and the Gig Economy – Court Leaves the Door Open for “On-Call” Time for Uber Drivers

On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia (Rezak, et al. v. Uber Technologies). In their original Class Action Complaint filed in January of 2016, the drivers allege...

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Pennsylvania Child Support and Adjustments for Extra Expenses

Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. The state uses a formula to calculate the obligor’s share of basic child support. On top of the basic child support the court may make adjustments to the basic support obligation and may allocate between the parties the additional expenses. ...

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Wage and Hour Update: Third Circuit Clarifies Standard for Showing Willful Violations in FLSA Overtime Claims

The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the amount of unpaid overtime and liquidated (double) damages. The statute of limitations for FLSA claims is two years from the...

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Labor Law Update: Senate Confirms Emanuel to NLRB, 3-2 Republican Majority Signals Potential Changes on the Way

As covered earlier by HR Legalist, the Trump Administration was expected to make changes to labor and employment law through appointments to federal agencies, including the EEOC and the National Labor Relations Board (NLRB).  At the time of the election, the 5-member NLRB had only 3 seats filled (2 Democrats and 1 Republican), giving Mr. Trump...

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Temporary Worker Visa Update: USCIS Resumes Premium Processing for Cap-Subject H-1B Visas

On Monday, September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a news release announcing an immediate resumption of Premium Processing for all H-1B visa petitions subject to the fiscal year 2018 cap. As summarized previously by HR Legalist, the H-1B status allows U.S. employers to hire foreign workers in “specialty oc...

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Workers’ Comp Release Doesn’t Cover FMLA Claims, Says Third Circuit

Overview and Case Analysis On Monday, September 11, 2017, the U.S. Court of Appeals for the Third Circuit held, in a precedent-setting opinion, that a workers’ compensation compromise and release agreement (C&R) did not prevent a former Boscov’s employee from filing claims against its employer for violations of the Family and Medical...

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FLSA Successor Liability – More Than You Bargained For

A common method for business expansion is for one company to acquire another company’s operations and then merge the operations into the acquiring company.  However, even when care is taken to structure such acquisitions to limit or avoid the potential liabilities of the company being acquired, the transaction can result in the purchasing ...

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Wage and Hour/FLSA Update – DOL’s White-Collar Salary Threshold Struck Down (Again)

On August 31, 2017, a federal judge in Texas struck down an Obama-era Department of Labor rule that would have roughly doubled the salary threshold, under which all workers are guaranteed overtime under the Fair Labor Standards Act (“FLSA”), to over $47,000 per year.  In fact, this is the second time that the Eastern District of Texas ha...

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Hurricane Harvey, HIPAA, and Access to Health Information

Hurricane Harvey has been pummeling the Gulf Coast since Monday, with nearly 52 inches of rainfall in parts of Texas. The storm has displaced thousands of people from their homes and has resulted in over 30 reported deaths. Disasters like Hurricane Harvey impose significant challenges on healthcare providers and entities. Emergency rooms are in...

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Back to School, Back to Work – Parental and Family Rights in the Workplace

The end of August marks the beginning of the yearly “back to school” ritual.  Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick up.  But as those of us with children know, balancing work and family responsibilities can be anything but predicta...

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