The Labor & Employment Blog provides employers with breaking news, insights, and legal analysis on the wide range of labor and employment issues facing employers. While the Blog provides a general summary of regulation updates, it is not intended to be, and should not be relied upon as, legal advice. The labor & employment attorneys at Chamberlain Hrdlicka stand ready to counsel employers on the issues they face.
Annette Idalski, National Chair, Labor & Employment
Larry Carbo, Shareholder
Diana Perez Gomez, Shareholder
Julie Offerman, Shareholder
Kellen Scott, Shareholder
Leslie Tan, Senior Counsel
Brian Smith, Associate
Ray Abilmouna, Associate
Joshua Smith, Associate
James Fielding, Associate
Chamberlain Hrdlicka Blawgs
- Posts by Annette A. IdalskiShareholder
Annette A. Idalski is a labor and employment litigator. She represents employers throughout the United States and is based in Atlanta, Georgia.
Ms. Idalski has gained national recognition for her representation of employers ...
In an article published on February 6, 2021 in SHALE Oil & Gas Business Magazine, Annette Idalski and James Fielding discuss how the COVID-19 pandemic has the potential to create a variety of wage and hour complications that could put employers at risk for violations under the Fair Labor Standards Act (FLSA).
“Oil extraction cannot be done remotely,” explains Idalski and Feilding. “It is a very complex operation requiring considerable determination and sophistication to be combined in very specific locations. Yet, the precautions taken to prevent COVID-19 outbreaks in ...
In an article published in Bloomberg Law on November 4, 2020, Chamberlain Hrdlicka Atlanta-based Shareholder Annette Idalski, Counsel Kaitlin Lammers and Associate Brian Smith discuss the Department of Labor’s recently proposed rule that clarifies when employers can classify workers as independent contractors and explains how the DOL lowered the bar for businesses to classify independent contractors.
“The Department of Labor’s Sept. 22 proposed rule offering clarification on when a worker is deemed an independent contractor under the Fair Labor Standards Act is ...
On Monday, May 18, 2020, the U.S. Department of Labor (DOL) issued new regulations expanding the types of employers that can qualify as "retail or service establishments" under a Fair Labor Standards Act (FLSA) overtime exemption.
Section 7(i) Exemption
Section 7(i) of the FLSA allows certain employees of "retail or service establishments" who are paid mostly on commission to be classified as overtime exempt.
To fall within this exemption, three conditions must be met:
(1) the employee's regular rate of pay must exceed 1.5 times minimum wage in the workweeks the employee works ...
In a worker classification case with significant implications for the oil and gas industry, a jury seated in the U.S District Court for the Western District of Louisiana, Lafayette Division took a little over an hour to find that a group of rig clerks working on offshore oil rigs were independent contractors rather than employees of New Tech Global, an oilfield services company that processed invoices for the plaintiff rig clerks.
Plaintiffs brought the action under the Fair Labor Standards Act (FLSA), initially as a class action, which was later decertified by the court and limited to ...
In a highly anticipated ruling with national impact for the oil and gas industry, the Fifth Circuit Court of Appeals late Thursday concluded that directional drilling engineers can be classified as independent contractors and not employees. This ruling sets binding precedent in the Fifth Circuit for decided, pending and future wage and hour cases, validating the oil and gas industry’s use of contract workers and protecting companies against future litigation. Annette Idalski, a Chamberlain Hrdlicka shareholder and chair of the firm’s national labor and employment ...
It cannot be denied that we are now living in a new era with regard to sexual harassment allegations. The #MeToo and #TimesUp movements are motivating employees to speak out about sexual harassment in the workplace at record numbers. According to the EEOC, the number of charges filed by individuals alleging they were victims of workplace sexual harassment increased by 12 percent in fiscal 2018 from the prior year.