A Parent Company Can be held Liable for its Subsidiary’s WARN Violations

By Mark C. O'Connor on January 14, 2016

The Worker Adjustment Retraining and Notification Act ("WARN") requires employers with 100 or more employees to provide 60 calendar days' notice of plant closings or mass layoffs to give transition time to workers and their families to adjust to the prospective loss of employment, seek alternative jobs and/or enter skill training or retraining to successfully compete in the job market. 29 U.S.C. §2101 et seq. Employers who fail to comply with WARN can be liable to affected employees for up to 60 days of pay and benefits as well as penalties. 29 U.S.C. §2104(a)(1).

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A Parent Company Can be held Liable for its Subsidiary’s WARN Violations

By Mark C. O'Connor on January 11, 2016

The Worker Adjustment Retraining and Notification Act ("WARN") requires employers with 100 or more employees to provide 60 calendar days' notice of plant closings or mass layoffs to give transition time to workers and their families to adjust to the prospective loss of employment, seek alternative jobs and/or enter skill training or retraining to successfully compete in the job market. 29 U.S.C. §2101 et seq. Employers who fail to comply with WARN can be liable to affected employees for up to 60 days of pay and benefits as well as penalties. 29 U.S.C. §2104(a)(1).

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Employers May be Liable to Reimburse Employees for Their Use of Their Personal Cell Phones or Other Electronic Devices

By Mark C. O'Connor on August 27, 2015

Employees use cell phones, laptops, smart phones and other mobile devices for both business and pleasure. Are employers liable to reimburse the employee for their business use of their personal cell phone, laptop or other devices? A California Court of Appeals has held that employers must reimburse a reasonable portion of the employee’s cell phone bill if the employee must use their personal cell phone for work-related calls even if the employee has an unlimited data plan for which they do not actually incur any additional expense.

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Employee or Independent Contractor?

By Frank N. Gaeta on July 22, 2015

Addressing an issue that continues to bedevil many employers, the Administrator for the U.S. Department of Labor’s Wage and Hour Division recently issued further guidance on whether a worker is an “employee” or an “independent contractor” under the Fair Labor Standards Act (FLSA). On July 15, 2015, the Administrator issued an “Interpretation” of the FLSA’s standard for determining how to categorize a worker. Ultimately, the Administrator stated, a worker who is “in business for him or herself” is an independent contractor, while a worker who is “economically dependent” on the employer is an employee.

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Employer Can Be Held Liable for Employee Intentionally Failing to Report Overtime under FLSA

By Mark C. O'Connor on June 17, 2015

An employee's intentional violation of the company timekeeping policies may not be a defense to a Fair Labor Standards Act claim if the employer knows or has reason to know that an employee underreported his hours according to a recent decision by the Eleventh Circuit Court of Appeals in Bailey v. TitleMax of Georgia, Inc.

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