Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

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Ninth Circuit Creates Circuit Split over 80/20 Rule

Ninth Circuit Creates Circuit Split over 80/20 Rule

By Latrice Nicole Lee

The Ninth Circuit Court of Appeals has created a circuit split with the Eighth Circuit Court of Appeals by rejecting the U.S. Department of Labor’s (DOL) interpretation of Fair Labor Standards Act (FLSA) regulations, and issued a restaurant-friendly decision regarding the application of the “tip credit” when paying regularly tipped employees. As discussed previously, the restaurant industry has experienced an increase in lawsuits relating to servers’ duties and the 80/20 “rule”. 

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HR Policies: Training, Training, Training

HR Policies: Training, Training, Training

By Mark W. Weisman

Employers often spend time and resources on well-crafted policies, but then do not communicate and train to the policies. Time and again, employers are reminded to review and update their HR policies. Of course, it is important for employers to update policies because statutes change; regulations are revised; and case law is reinterpreted. A new and/or revised employee handbook may need to be rolled out. However, issuance of a handbook – no matter how current – may not sufficiently inform employees of the policies.

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California District Court Nixes Security Check “Wait Time” Class Action

California District Court Nixes Security Check “Wait Time” Class Action

By Cary Burke

Earlier this week, the U.S. District Court for the Northern District of California granted Nike’s motion for summary judgment and dismissed a class action alleging unpaid wages brought by workers who complained they were not paid for time going through “security checks.” Specifically, the Court determined in Rodriguez v. Nike Retail Services, Inc. that the time they were forced to wait in security checks to have their bags or jackets inspected prior to exiting the store was de minimis and non-compensable. 

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Employers’ Obligations to Employees During Natural Disasters

Employers’ Obligations to Employees During Natural Disasters

By Henry J. Thomas

Hurricane Harvey and Hurricane Irma serve as a reminder that employers have some legal obligations to employees during natural disasters. 

Employers should have a plan in place when preparing for a natural disaster, such as an inclement weather policy, a communications plan and a crisis management plan, and should be mindful of the below tips when creating a crisis management plan to avoid employment-related lawsuits and/or agency action after a disaster. 

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Missouri's Petition for Referendum May Delay Right-to-Work

Missouri's Petition for Referendum May Delay Right-to-Work

By Terry Kilroy

Missouri’s new Right-to-Work legislation, signed by Governor Eric Greitens on February 6, 2017, was scheduled to go into effect on August 28; however, labor union leaders have obtained over 300,000 signatures on a Petition, which, if validated by the Secretary of State, will force a state-wide referendum on whether the bill should become law. Since only 5 percent of registered voters in six of Missouri’s eight Congressional districts need to sign the Petition to force a referendum, it seems almost certain that enough signatures have been submitted.

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