Joseph K. Mulherin
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Joseph K. Mulherin focuses his practice on employment class action litigation, with a focus on defending employers against wage-and-hour and employment discrimination lawsuits. Joseph has successfully defended clients from a wide variety of industries, including health services, banking, finance, retail, manufacturing, hospitality, staffing, technology, logistics and construction. Read Joseph K. Mulherin's full bio.
US Supreme Court Rules Highly Compensated Employee Is Not Exempt from Overtime
By Joseph K. Mulherin and Barrick Bollman on Mar 9, 2023
Posted In Employee Benefits, Employment
On February 22, 2023, the US Supreme Court held in Helix Energy Solutions Group, Inc. v. Hewitt that an employee who was paid nearly $1,000 each day he worked was not exempt from the Fair Labor Standards Act (FLSA) and therefore owed overtime for the work he did. This case turned on an interpretation of the FLSA...
The DOL Has Issued New Proposed Independent Contractor Classification Rules. What Now?
By Chris Braham, Joseph K. Mulherin, David Fuller and Jennifer Hill on Nov 2, 2022
Posted In Employment, Labor
On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor economic realities test. While the test factors remain the same (for the most part), the DOL’s NPRM advances interpretations of the various...
Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions
By Jean Edmonds, P. Kevin Connelly and Joseph K. Mulherin on Mar 30, 2022
Posted In Employment, Labor, Privacy and Data Security
Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony Bronzeville Park, LLC has eliminated a defense invoked by employers facing claims under BIPA: the exclusivity of workers’ compensation. Read more here.
US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated
By Chris Braham, Joseph K. Mulherin and McDermott Will & Emery on Jan 28, 2022
Posted In Employment, Labor
California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal Arbitration Act (FAA) “requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA.”...
COVID-19 Vaccine Q&A
By Joseph K. Mulherin, Kathleen Quinn, Troy Van Dongen and McDermott Will & Emery on Jul 7, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans
Can employers mandate some employees get the vaccine and not others? Is there an obligation to consider requiring a COVID-19 test before coming back to work? What are the potential workers’ compensation claims relating to possible adverse reactions to a vaccine? Should employers mandate vaccinations? In this article, McDermott partners Carole Spink, Joseph Mulherin, Kathleen...
Overtime Exemptions for White-Collar Jobs May Soon Require Higher Salary
By Joseph K. Mulherin on Mar 28, 2019
Posted In Employment
Proposed regulations will alter which white-collar employees remain overtime exempt. Staying vigilant on Fair Labor Standards Act compliance is critical; read on to learn more on proposed increases to the minimum salary necessary to qualify for the executive, administrative or professional exemptions. Access the full article.