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Matt Miller has nearly 20 years of experience representing and advising management in all areas of labor and employment law, including anti-discrimination laws, wage and hour law, ERISA, OSHA, and covenants not to compete. He regularly advises clients on preventive measures, including creation and revision of policies and procedures, and represents clients in court cases in federal, state and administrative forums.

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act (NLRA), including both union representation and unfair labor practice contexts, is important to businesses that rely on labor supplied by a

When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s Approach of Holding Trial in Wage Case Before Deciding on Class whether it will be a collective action or class action versus an individual action and (2) a trial of the merits on whether the FLSA was actually violated. One federal district court decided No. 2

Putting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor StatusOn January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic reality test was intended to make it easier for employers to classify certain workers as independent

Who’s the Boss? U.S. DOL Issues Final Rule on Independent Contractor StatusEmployers often ask, “Can this worker be an independent contractor?” The answer is often unclear due to the different tests for employee versus independent contractor status, which vary between federal circuit courts and from state to state. In the end, the answer typically depends on how much risk the employer is willing to take. In

‘Tis the Season — Year-End Reminder of 2020’s FLSA Salary Threshold Increase and What You May Need to Check NowRemember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the DOL’s salary threshold increases that took effect January 1, 2020.  In January, we anticipated that this would be

New Reality? DOL Publishes Proposed Rule on Independent Contractor StatusWhether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal battle for many years. Most recently, it has been a key issue for those in the growing

There Is More to This than Meets the Eye: Why an Under-the-Radar DOL Wage and Hour Bulletin Is Good News for EmployersThe U.S. Department of Labor issued a Field Assistance Bulletin on June 24, 2020, announcing that it will not routinely assess pre-litigation liquidated damages as part of the settlement process for claims under the Fair Labor Standards Act. Although this announcement has largely gone “under the radar,” it actually has historic significance. The bulletin is

McDonald’s Fries Franchise Workers’ Claims, Lands Whopper of a Ruling for FranchisorsIn an important wage-and-hour decision for franchisors, Salazar, et al. v. the McDonald’s Corp., et al., the Ninth Circuit Court of Appeals ruled that employees of one of the hamburger giant’s California-based franchisees were not jointly employed by McDonald’s Corp. and thus the franchisor, McDonald’s Corp., was not liable to the employees under California

For Employers in the #MeToo Era: It’s Not the Harassment Claim, It’s the Retaliation Claim that Gets YouThe era of #MeToo has caused employers to hyper-focus on harassment claims. They have fine-tuned their policies, investigated claims more carefully, and acted swiftly and sometimes even in a draconian fashion upon finding any level of harassment. In most situations, these actions can effectively eliminate an employee’s viable claims of harassment. We are seeing this