Alston & Bird hosted this seminar from our Atlanta office. Alston & Bird attorneys Emily Seymour Costin and Brooks Suttle presented the following topics:
Dave & … Busted! Recent Class Action Lawsuit Accuses Restaurant Chain of Reducing Employee Work Hours to Avoid Compliance with the ACA
The national restaurant chain known for serving up food, drinks and arcade games – Dave & Buster’s – is the first company to be accused of cutting its workers’ hours to avoid providing health care under the Affordable Care Act (ACA). In the first class action of its kind, the complaint – filed on behalf of an alleged class of 10,000 employees – seeks relief under Section 510 of ERISA, which prohibits employers from interfering with employees’ receipt of ERISA-governed benefits like health insurance. This case is significant because many employers have implemented similar strategies to limit work hours for certain groups of employees for the purpose of avoiding penalties under the ACA. The speakers provided an overview of discrimination claims under Section 510 of ERISA, discussed the allegations raised against Dave & Buster’s and provided practical steps for minimizing risk in this area.
Interns: To Pay or Not to Pay? That Is the Question. Lessons from the Second Circuit’s new Fox Entertainment Intern Ruling
The issue of whether and when interns must be treated as employees and paid in accordance with the Fair Labor Standards Act (FLSA) has been debated in the courts and at the U.S. Department of Labor for years, and the changing interpretations and standards have placed employers who use unpaid interns in a precarious situation. In 2010, the Department of Labor issued a fact sheet that purported to narrow the situations in which interns could be engaged without pay. On July 2, the Second Circuit Court of Appeals issued a ruling criticizing and refusing to apply the DOL’s guidance and establishing a new broader test that, while open to interpretation itself, should provide more latitude to employers. The speakers discussed the new Fox Entertainment ruling and its implications along with practical tips on the use of interns and similar unpaid classifications.
This seminar was approved for one CLE hour by the State Bar of Georgia.
Wednsday, July 29, 2015
Registration & Breakfast | 8:15 a.m.
Program | 8:45 a.m. – 10:00 a.m.
Alston & Bird LLP | 1201 West Peachtree Street | Atlanta, Georgia 30309