Law and the Workplace
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Andrew A. Smith

As a Labor & Employment associate, Andrew Smith represents employers in a variety of class and individual litigation throughout the country. Much of his work consists of defending professional sports leagues in cases involving former players or league employees. He also advises employers on a range of issues frequently related to wage-and-hour compliance and legislative developments.

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How Do Individualized Issues Impact a Class Action Settlement?

The Ninth Circuit went a long way towards answering that question in an en banc decision last week. The key takeaway is that a district court certifying a class for settlement purposes does not have to conduct the same “rigorous analysis” of manageability considerations required when certifying a class for litigation. The decision has major … Continue Reading

DOL’s “New” PAID Self-Reporting Program of Questionable Value to Employers

Earlier this week, the U.S. Department of Labor’s Wage and Hour Division announced the upcoming launch of a “new” pilot program called the Payroll Audit Independent Determination program (“PAID”).  Under PAID, employers can come forward voluntarily to disclose wage and hour violations to the DOL, the DOL will supervise a settlement of any monetary claims … Continue Reading

DOL to Appeal Ruling That 2016 Overtime Rule Exceeded Its Authority

The DOL will appeal a Texas federal court’s ruling that the Obama administration’s 2016 overtime rule exceeded the DOL’s authority. The appeal comes nearly two months after the DOL dropped an earlier appeal of that court’s preliminary injunction on the same topic. The 2016 overtime rule would have required employers to pay most executive, administrative, … Continue Reading

DOL to Seek Public Comment on Overtime Rule

The U.S. Department of Labor has announced that on Wednesday, July 26, 2017, it will formally seek public comment on the overtime rule by publishing a Request for Information (RFI). The overtime rule would have required employers to pay most executive, administrative, and professional employees at least $913 per week in order to exempt them … Continue Reading
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