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. 

PolsinelliAtWork.com was recently recognized as one of the top employment blogs in the nation by Feedspot.


More on Non-Disclosure Agreements: California Sponsoring State Legislation to Prohibit Confidentiality in Sexual Misconduct Settlements

More on Non-Disclosure Agreements: California Sponsoring State Legislation to Prohibit Confidentiality in Sexual Misconduct Settlements

By: Anne Cherry Barnett

It’s a new year, and a new session for the active California Legislature. On January 3, 2018, in a likely effort to respond to the #MeToo movement, the Stand Together Against Non-Disclosure Act (“STAND” or the “Bill”) was introduced in the California Senate.  The Bill seeks to prohibit parties, including all public and private employers in California, from including nondisclosure provisions in settlement agreements in cases involving sexual assault, sexual harassment and/or sex discrimination.

Read More

An Intern by Any Other Name...May Not be an Employee

An Intern by Any Other Name...May Not be an Employee

By Mark D. Nelson

The U.S. Department of Labor ( “DOL”) recently announced that it is abandoning its six-factor test and will use the “primary beneficiary” test first enunciated by the 2nd Circuit in Glatt et al. v. Fox Searchlight Pictures, Inc. et al., 811 F.3d 528 (2d Cir. 2015)   The DOL stated the primary beneficiary test “eliminate[s]unnecessary confusion among the regulated community” and will provide DOL’s investigators increased flexibility to “holistically analyze internships on a case-by-case basis.

The DOL’s website provides a Fact Sheet that identifies seven factors employers should consider when determining whether an intern is an employee; please click through for the full list.

Read More

NLRB Poised to Revisit “Confidential” Severance Agreements and Leap Into the National #MeToo Discussion

NLRB Poised to Revisit “Confidential” Severance Agreements and Leap Into the National #MeToo Discussion

By Jay M. Dade

As 2017 drew to a close, two key members of the National Labor Relations Board (“NLRB” or “Board”) signaled their readiness to revisit the Board’s current stance regarding the confidentiality of severance agreements. All employers should take notice.

Read More

U.S. Department of Labor Reissues 17 Bush-Era Opinion Letters

U.S. Department of Labor Reissues 17 Bush-Era Opinion Letters

By: James C. Sullivan

On January 5, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) reissued 17 Opinion Letters that were previously issued in January of 2009 in the waning days of the Bush administration. The Obama administration promptly withdrew the Opinion Letters in March, 2009, “for further consideration.” Subsequently, the Obama DOL discontinued the practice of issuing Opinion Letters in favor of publishing more Administrator Interpretations.

Read More