Monica Simmons

Feb 12, 2024 | mondaq.com | George Morrison |Monica Simmons |Emily C. Heimbecker

The U.S. Department of Labor (DOL) recently published a highly anticipated final rule (2024 Rule) on defining an independent contractor under the Fair Labor Standards Act (FLSA). The 2024 Rule rescinds a more employer-friendly standard that was announced by the DOL during the waning days of the Trump Administration.

Sep 1, 2023 | mondaq.com | Erin McLaughlin |Monica Simmons

The EEOC has filed suit in federal court against a home healthcare provider, alleging it unlawfully discriminated against employees by changing their work assignments to accommodate client preferences. The lawsuit1 alleges that ACARE HHC Inc. removed Black and Hispanic workers from home health aide jobs based on their race and national origin. According to the complaint, these aides were either reassigned or terminated entirely, violating Title VII of the Civil Rights Act of 1964.

Jul 19, 2023 | mondaq.com | Jason E. Murtagh |Mary R. Hackett |Monica Simmons

Today, the California Supreme Court took a page from Justice Sotomayor's concurrence in Viking River Cruises v. Moriana by holding that an aggrieved employee does not lose standing to pursue "representative" PAGA claims on behalf of other employees merely because he or she must arbitrate his or her own PAGA claims. Relying on Kim v. Reins, the Court in Adolph v.

Jul 2, 2023 | mondaq.com | Monica Simmons