“Most Workers Are Employees”: The Impact of the New DOL Misclassification Guidance

All businesses that use independent contractors must take an up-close look at those relationships, in light of new interpretive guidance from the U.S. Department of Labor (DOL). The DOL asserts that “most workers are employees” for purposes of the Fair Labor Standards Act (FLSA), and sends a strong message that it will continue to aggressively police how employers classify workers.Read More

Outside Iskanian’s Reach: Keeping PAGA Claims Alive in Federal Court

Here’s the scenario: You file a wage and hour class action in California state court, including a Private Attorney General Act of 2004 (“PAGA”) claim. The defendant removes the case to Federal Court under the Class Action Fairness Act of 2005 (“CAFA”) and then waves an arbitration agreement at the judge in its motion to dismiss. The judge reviews the agreement, notes a class waiver, and sends you off to arbitrate your client’s claims on an individual basis.Read More

Disability Estoppel: The Intersection of Disability Benefits and Disability Discrimination Claims

It seems like an obvious conflict: an employee claims that she has a disability and is qualified and able to work at a job. She complains of discrimination because the employer terminated her because of her disability. Yet, in practically the same breath, she applies for disability benefits, insisting that she is unable to work and is therefore entitled to benefits. She should be estopped from one of those claims, right?Read More