North Carolina Confronts Misclassification: What Your Organization Needs to Know About the Employee Fair Classification Act

North Carolina

  From Lexology, Michael D. McKnight discusses the new North Carolina Employee Fair Classification Act and offers recommendations for employers.  Michael writes: Requirements of the Employee Fair Classification Act Enacted by the North Carolina General Assembly in August of 2017, the EFCA permanently establishes the Employee Classification Section within the Industrial Commission and the information-sharing practices created…

Builders responsible for construction wage theft in CA bill 

California

  From the Sacramento Bee, Alexei Koseff writes about a California bill that would require general contractors to pay the wages of subcontractors if the subcontractors didn’t.  Alexei writes: A contentious proposal that would put California builders on the hook for wage theft violations by their subcontractors has advanced to Gov. Jerry Brown after a last-minute…

The Ground Continues to Shift in Wage and Hour Law 

employee freelancer check boxes

  From JDSupra, Shira Blank, Jonathan Brenner, Paul DeCamp, Michael Kun, Frank C. Morris, Jr., and Jeffrey Ruzal discuss a number of employment law issues including the continuing struggle to define an “employee”.  They write: The Department of Labor, Congress, and the Courts Wrestle with the Definition of “Employee” By Michael D. Thompson and James J. Sawczyn The potential misclassification of employees…

Will the Supreme Court Finally Remove Doubt That an Employer Can Mandate That Employees Enter into Arbitration Agreements with Class Waivers?

United States Supreme Court

  From JDSupra, David Baffa and Noah Finkel discuss some of history of arbitration agreements and the Supreme Court’s support for the Federal Arbitration Act in light of the Supreme Court’s consideration of the enforceability of arbitration agreements.  David and Noah write: Whether for claims of discrimination, ERISA violations, or, most frequently, wage-hour violations, employers have faced…

Supreme Court Set To Weigh In On Class Action Waivers

Class Action

From JDSupra, Amy Wilkes discusses the Supreme Court’s consideration of the validity of class action waivers.  Amy writes: In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National Labor Relations Act…