Employee or Independent Contractor? Interpreting the DOL’s Final Rule

On January 10, 2024, the Department of Labor (DOL) published a final rule to help workers and businesses evaluate whether someone is an “employee” or an “independent contractor” for purposes of the Fair Labor Standards Act (FLSA).  According to the DOL, the updated rule is intended to
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Unanimous Supreme Court Makes Retaliation Claims Easier

The Sarbanes-Oxley Act prohibits publicly traded companies from retaliating against employees who report actions they reasonably believe amount to criminal fraud or violations of securities laws. Trevor Murray sued UBS, claiming he was fired for reporting what he believed to be unethi
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California Employment Law Changes: What Employers Need to Know

As California employers know, the landscape of California employment law is ever evolving – often frustratingly so.  In 2024, California employers need to be aware of several significant changes in the law and take steps to ensure compliance.  Let’s dive into a few key developments: 1
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A New Approach to Labor Relations

When President Biden became the first sitting President to join strikers on the picket line, he did so with confidence that his presence there would not harm his chances for reelection. That is because unions are more popular today than they have been in more than 50 years. To some, i
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New Partner at BurnsBarton

BurnsBarton is proud to announce that Alison Pulaski Carter has become a partner at the firm. Alison is a graduate of Yale University and the University of Arizona College of Law. During her career Alison has demonstrated a unique ability to manage complex litigation, negotiate resolu
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Greater Cooperation between the EEOC and DOL means More Charges for Employers

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Greater Cooperation between the EEOC and DOL means More Charges for Employers The EEOC and Department of Labor, Wage and Hour Division, recently signed a memorandum of understanding (MOU) that will allow greater cooperation between the agencies. Touted as a move that will allow “great
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The High Court Provides “Clarification” Regarding “Undue Hardship”

Gerald Groff began working for the United States Postal Service in 2012.  At that time, there was no requirement that he work Sundays.  When USPS started Sunday deliveries for Amazon, Groff requested, and received, a transfer to a small USPS station that did not make Sunday deliveries
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Got Exempt Employees? Here’s What The Helix Decision Means For You

As has been widely publicized, the U.S. Supreme Court announced in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, that a former employee was entitled to overtime pay under the Fair Labor Standards Act (“FLSA”), despite working as a manager and earning over $200,000 annually
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