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.


New York State’s Anti-Sexual Harassment Requirements Now In Effect: What Employers Should Know

New York State’s Anti-Sexual Harassment Requirements Now In Effect: What Employers Should Know

By: Stephanie Delatorre

In the wake of the #MeToo Movement, New York enacted legislation that is specifically targeted to sexual harassment in the workplace.  On October 1, 2018, New York released final guidance materials regarding the legislation, including a model policy and a list of Frequently Asked Questions, which can be located here

Read More

From Employers’ Mouths to the U.S. Department of Labor’s Ears: A Recap of the Department of Labor’s Listening Sessions

From Employers’ Mouths to the U.S. Department of Labor’s Ears: A Recap of the Department of Labor’s Listening Sessions

By: Robert Hingula

Throughout the month of September, 2018, the U.S. Department of Labor (“DOL”) held five listening sessions across the United States to receive feedback from the public on the minimum salary requirements for the white collar exemptions of the Fair Labor Standards Act (“FLSA”).  These sessions were held in Atlanta, Seattle, Kansas City, Denver, and Providence.  Another listening session is scheduled for October 17, 2018, in Washington, DC.

Read More

Individual Employees Can Be Liable For Civil Penalties and Attorneys' Fees For A Company's Failure To Pay Overtime And/Or Minimum Wages

Individual Employees Can Be Liable For Civil Penalties and Attorneys' Fees For A Company's Failure To Pay Overtime And/Or Minimum Wages

By Laura Kastetter and Don Samuels

Notwithstanding two previous California Supreme Court decisions which essentially held that “[u]nder the common law, corporate agents acting within the scope of their agency are not personally liable for the corporate employer’s failure to pay its employees’ wages,”  Reynolds v. Bement (2005) 36 Cal.4th 1075, 1087, and Martinez v. Combs (2010) 49 Cal.4th 35, 66 (limiting liability for wage claims to the actual employer and not its agents), the California Court of Appeal just held that  individual employees can be liable for civil penalties and attorneys’ fees for a company’s failure to pay overtime and/or minimum wages.

Read More

DOL Reaches Again Into the FLSA Twilight Zone (Part 1 of 2)

DOL Reaches Again Into the FLSA Twilight Zone (Part 1 of 2)

By: Jay M. Dade

So far in 2018, the U.S. Department of Labor (“DOL”) has issued more than 20 opinion letters navigating the murky waters of the Fair Labor Standards Act (“FLSA”). In late-August, the DOL issued several new opinion letters to which employers can refer for guidance when confronted with FLSA questions.

Read More