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Article

Franczek Radelet PC | USA | 1 May 2018

New Classification Test Announced for California Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision establishing the presumption that a worker is an employee in that…
Article

Franczek Radelet PC | USA | 16 Apr 2018

Attorney General Decision Finds School Board’s Closed Session Did Not Violate OMA

On April 12, the Assistant Attorney General (“AAG”) at the Public Access Bureau issued a letter finding that a School District did not violate the…
Article

Franczek Radelet PC | USA | 16 Apr 2018

DOL Issues Opinion Letter Allowing Employers to Avoid Payment for Excessive 15-Minute FMLA Breaks; Employers Yawn

Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws…
Article

Franczek Radelet PC | USA | 13 Apr 2018

Employees Are Not Entitled to Compensation for FMLA Covered Breaks

As mentioned previously here last summer, the U.S. Department of Labor’s Wage & Hour Division has brought back the Opinion Letter, the process…
Article

Franczek Radelet PC | USA | 12 Apr 2018

Employers Can’t Use Salary History to Defend Pay Gap

On Monday, April 9, 2018, the day before Equal Pay Day, the Ninth Circuit Court of Appeals held that employers cannot use an employee’s past salary to…
Article

Franczek Radelet PC | USA | 11 Apr 2018

New Tip Pool Rules - Changes to the FLSA and DOL Guidance

If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new…
Article

Franczek Radelet PC | USA | 9 Apr 2018

Districts Prepare for Possible Future Student Walkouts

Thousands of students throughout the country participated in school walkouts on March 14, 2018 to advocate for stricter gun control laws and in memory…
Article

Franczek Radelet PC | USA | 9 Apr 2018

After Oral Argument: Public Sector “Fair Share Fees” on Thin Ice

As we previously reported, in July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees…
Article

Franczek Radelet PC | USA | 2 Apr 2018

Supreme Court Rules Auto Service Advisers Are Exempt From Overtime

Earlier today (April 2, 2018), the U.S. Supreme Court ruled that auto service advisers (also commonly referred to as “service writers”) are exempt…
Article

Franczek Radelet PC | USA | 29 Mar 2018

Your Employee Is Absent More Often Than Indicated on his FMLA Medical Certification. Now What?

A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA…
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