Employment & Labor

  On January 17, 2020, the Alabama Court of Civil Appeals released its opinion in the matter styled Ex parte Kohler Company, Inc.  In Kohler, the Court considered a Petition for Writ of Mandamus filed by the employer as the result of a trial court order requiring it to authorize a referral to a doctor for a second opinion after the employee had previously exercised her right to select a doctor from a panel of four. …
Under California Labor Code section 515.5, certain software industry employees are exempt from overtime pay requirements, if they perform specific, exempt duties and receive a rate of pay not less than the statutorily-specified rate. Effective January 1, 2020, the computer software employee’s minimum hourly rate of pay, in order to be subject to this exemption, increases from $45.41 / hour to $46.55 / hour, the minimum monthly salary exemption will increase from $7,883.62 to $8,080.71,…
Recently the number of candidates getting their disqualification reversed at a 2nd psych interview has increased. You must file an NOPD Appeal to have a chance at a second interview.  If you receive a 2nd interview you are best served to know the issues that were raised in your disqualification and the arguments made by your appeal Mental Health Professional (MHP). If you receive an NOPD nothing will change unless you take action and appeal…
Earlier this week, the Southern District heard arguments regarding the grant of a preliminary injunction to prevent the enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. Judge Benitez granted the preliminary injunction and concluded in his order that “there is little question that the State of California has encroached on Congress’ territory by eliminating motor carriers’ choice to use independent contractor drivers, a choice at the very heart of…

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