The McDonald’s NLRB Case: At The Intersection Of Hot Legal And Political Issues

Despite popular belief, the fate of fast food franchises around the country does not rest in the hands of Lauren Esposito, an unelected administrative judge for the National Labor Relations Board (NLRB).  Whatever decision Judge Esposito reaches, it will be appealed to the full NLRB and then again to a federal appeals court for review.  Continue reading

Independent Contractors And Overtime: The DOL Steps Into The Ring With Jarring New Regulations

The U.S. Department of Labor (DOL) has recently taken a firm stance on two of the most controversial issues facing American employers:  overtime compensation and misclassification of employees as independent contractors.  These controversial actions are likely to spark tremendous debate.  Employee  advocates have already touted the hope that raising salaries and income levels will close the gap of income inequality, a major theme in the upcoming presidential campaign.  At the same time, employers are likely not only to challenge the DOL’s process in implementing these changes (a tactic which has been successful in the past), but also to question their lasting effect on the workplace, specifically maintaining that these changes will cost jobs rather than raise salaries. Continue reading

Uber Independent Contractor Decision Will Have Broad Consequences For Employers In California

Earlier today, Uber Technologies, Inc. announced the decision of the California Department of Labor, Division of Labor Standards Enforcement (DLSE) finding that a driver was an employee, not an independent contractor.  The case, which has been appealed to the Superior Court of California in San Francisco, will likely have far-reaching consequences for Uber and for other emerging technology companies. Continue reading