On April 2, 2018, the United States Supreme Court issued a decision on the Fair Labor Standards Act ("FLSA") exemption that provides the FLSA's overtime pay requirement does not apply to any salesmen, partsmen, or mechanics primarily engaged in selling or servicing...
PLDO Law Blog
Employment Law
PRIOR SALARY HISTORY MAY NOT ALWAYS BE LAWFUL BASIS TO SET PAY
The Equal Pay Act provides that men and women should receive equal pay for equal work. In a recent case, Rizo v. Yovino, No. 16-15372 (Apr. 9, 2018), the United States Court of Appeals for the Ninth Circuit held that an employer cannot justify a wage difference...
WORKPLACE SEXUAL HARASSMENT: A PARADIGM SHIFT?
With the seemingly daily news reports of sexual harassment scandals, business owners and investors are starting to realize an inconvenient fact: leaving the problem of workplace sexual harassment to the human resources department or middle-managers may no longer be...
Intern or Employee? Second Circuit Court of Appeals Weighed 7 Considerations In Recent Ruling
A very recent federal case highlights the rules of the road when employers utilize interns. Wang v. Hearst Corp., No. 16-3302, (2d Cir. Dec. 8, 2017). The case was brought by a group of unpaid interns that participated in a for-credit internship program that Hearst...
SHOULD CLIENTS KNOW IF THEIR ATTORNEY USES AI? CONFIDENTIALITY AND INFORMED CONSENT CONSIDERATIONS
Once safely confined to the realm of science fiction, AI is now an undeniable reality. AI driven tools are rapidly evolving and becoming indispensable across industries, including the legal field. Attorneys now have access to AI-powered research assistants, contract...
DEVELOPING AN EFFECTIVE “AI” POLICY
Artificial Intelligence (“AI”) is now a very real part of our business ecosystem, and will play an increasing role in many companies’ continued growth. Leveraging a business's data assets and the skills of its workforce, there are numerous ways that AI can help...
TO COMPETE OR NOT TO COMPETE
Scrutiny of new and existing noncompetition and nonsolicitation provisions affecting employees and independent contractors has magnified since February 26, 2025. That Wednesday, the Federal Trade Commission (FTC) issued a directive to form a Task Force to examine...
BUSINESSES VS. THE FEDERAL GOVERNMENT: AN UPDATE ON THE ONGOING LEGAL BATTLE OVER THE CTA
The fight over the Corporate Transparency Act drags on as the Financial Crimes Enforcement Network further postpones reporting requirements. PLDO Attorney Javellys Polanco provides the latest update for businesses below: The Corporate Transparency Act, 31 U.S.C. §...
WHY BUSINESS SUCCESSION PLANNING SHOULD BE A PRIORITY IN 2025
Succession planning is a vital yet often neglected component of a comprehensive business strategy. Whether it is a start-up or a ten-year-old business, developing a succession plan is a critical step in ensuring the continuity and long-term stability of any business....
