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Archive by tag: Bradley Arant Boult Cummings LLPReturn

The More Things Change, the More They Remain the Same: Worker Classification in the Gig Economy - Labor & Employment Newsletter

What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that connect workers directly...By: Bradley Arant Boult Cummings LLP
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“Open” Might Not Mean Open: How FMLA May Affect a Position’s Availability

Does a position that a company is holding for an employee out on FMLA leave an “open position” as contemplated by the Americans with Disabilities Act? In Maxwell v. Washington County, a Mississippi federal district court said the short answer is...By: Bradley Arant Boult Cummings LLP
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DOD Restricts Use of Lowest Price Technically Acceptable Procurements

The Department of Defense (DOD) recently promulgated a final rule limiting the DOD’s ability to use the Lowest Price Technically Acceptable (LPTA) method of procurement. The final rule — which took effect on October 1, 2019, and applies only to DOD...By: Bradley Arant Boult Cummings LLP
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For Whom the Whistle Blows: Preventing Retaliation Is Serious Business

Various federal statutes contain whistleblower provisions that protect employees who raise or report concerns that range from workplace safety, securities laws violation, or false claims submitted to the federal government. Different activities are...By: Bradley Arant Boult Cummings LLP
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Quick Tips on Effective Construction Quality Control

Quality control (QC) programs and reporting are not new to the construction industry. Engineers’ and owner’s specifications, and even manufacturers’ product data sheets, make clear what procedures must be followed and what records must be prepared to...By: Bradley Arant Boult Cummings LLP
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McDonald’s Fries Franchise Workers’ Claims, Lands Whopper of a Ruling for Franchisors

In 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...By: Bradley Arant Boult Cummings LLP
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But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge, the NLRB determined that...By: Bradley Arant Boult Cummings LLP
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Communicating Effectively Under the ADA: What Your Organization Needs to Know - Labor & Employment Newsletter

With the increase in communication and notices being sent to customers in multiple industries, one area companies in the 21st century need to be well aware of relates to communication disabilities under the Americans with Disabilities Act (ADA)....By: Bradley Arant Boult Cummings LLP
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IRS Finalizes Revised Hardship Regulations - Employee Benefits Alert

The Internal Revenue Service (IRS) has finalized revisions to the regulations governing hardship distributions under 401(k) and 403(b) plans. The final regulations make some subtle but important changes to the regulations that were issued in proposed...By: Bradley Arant Boult Cummings LLP
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Long Time Coming for Overtime Overhaul: DOL Issues New Exemption Threshold

Yesterday, the Department of Labor’s Wage and Hour Division issued a final rule regarding the threshold amount of salary necessary to exempt an employer from the obligation to pay overtime. The threshold since 2004 was $455 per week or $23,660 per...By: Bradley Arant Boult Cummings LLP
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