On January 11, 2021, D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, once effective, will be one of the broadest bans on non-compete agreements in the country. ...more
1/22/2021
/ Compliance ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Labor Regulations ,
New Legislation ,
Non-Compete Agreements ,
Noncompliance ,
Penalties ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
The National Labor Relations Board’s (“NLRB” or Board”) Division of Advice[1] recently released five memos dealing with issues related to the COVID-19 pandemic—concluding in all five that dismissal of the pending unfair labor...more
On March 27, 2020, President Trump signed the largest economic stimulus package in American history into law. Although the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) made several amendments to the...more
On March 18, 2020, shortly after it was passed in the Senate by a vote of 90-8, President Trump signed H.R. 6201, the Families First Coronavirus Act (the “Act”) into law.
There are two paid leave provisions of the Act that...more
On March 14, 2020, the House of Representatives voted 363-40 to pass H.R. 6201: Families First Coronavirus Response Act—a relief package that, among other things, contains several provisions affecting employers. The Senate...more
Resolving a circuit split regarding the jurisdictional nature of Title VII’s charge-filing requirement—the statutory requirement that an employee who alleges that he or she has been subjected to unlawful treatment is required...more
6/4/2019
/ Administrative Procedure ,
Appeals ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Federal Rules of Civil Procedure ,
Fort Bend County Texas v Davis ,
Jurisdiction ,
SCOTUS ,
Split of Authority ,
Title VII
On April 29, 2019, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) issued Memorandum GC 19-06, which provides guidance to the Board’s regional offices on how to handle cases involving Beck...more
n March 1, 2019, the National Labor Relations Board (“Board”), in a 3-1 decision, ruled that Beck objectors cannot be required to financially support the lobbying efforts of unions because lobbying costs are not chargeable as...more
In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more
2/1/2019
/ Drivers ,
Employee Definition ,
Employer Liability Issues ,
Entrepreneurs ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Right to Control ,
Sharing Economy ,
Union Organizers ,
Unions ,
Wage and Hour
On August 1, 2018, the National Labor Relations Board (“Board”) issued a Notice and Invitation to File Briefs, inviting the public to file briefs on whether the Board should overrule its 2014 decision in Purple...more
On July 10, 2018, the National Labor Relations Board (“NLRB” or “Board”) announced the start of a new pilot program to increase participation in its Alternative Dispute Resolution (“ADR”) program. Established in 2005, the...more
On June 6, 2018, the National Labor Relation Board’s (“NLRB” or “Board”) General Counsel issued Memorandum GC 18-04 (“GC 18-04”), which provides guidance to employers on the legality of certain handbook rules following the...more
On June 5, 2018, in response to a May 29, 2018 letter from Sen. Elizabeth Warren (D-MA), Sen. Bernard Sanders (I-VT), and Sen. Kirsten Gillibrand (D-NY), National Labor Relations Board (“NLRB” or “Board”) Chairman John Ring...more
On May 9, 2018, the National Labor Relations Board (“NLRB”) announced it is considering rulemaking to address the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”)...more
On May 15, 2017, the Seventh Circuit issued its ruling in Vega v. New Forest Home Cemetery, LLC, finding that an employee was not barred from bringing a Fair Labor Standards Act (“FLSA”) claim in a judicial forum, despite his...more
The National Labor Relations Board (“Board”) recently issued a decision that serves as a reminder for both union and non-union employers that the Board continues to take an aggressive stance on seemingly innocuous employment...more
On September 29, 2016, the Department of Labor (“DOL”) issued regulations (the “final rule”) implementing Executive Order 13706, which requires federal contractors to provide paid sick leave to their employees. According to...more
10/14/2016
/ Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Paid Leave ,
Paid Time Off (PTO) ,
Service Contract Act ,
Sick Leave ,
Wage and Hour
On Thursday, February 25, 2016, the U.S. Department of Labor (“DOL”) issued proposed regulations for implementing Executive Order 13706, which requires federal contractors to provide up to 56 hours of paid sick leave to its...more
D.C. employers have until May 27, 2015, to comply with the notice provisions of the Wage Theft Prevention Amendment Act of 2014 ( “WTPAA”), which became effective on February 26, 2015 (“Effective Date”). The WTPAA amended...more
Two recent developments have the potential to change the landscape for contractors providing services to the Government. Government contractors and subcontractors are required to comply with a host of regulations governing...more
As promised in his 2014 State of the Union Address, President Obama has turned to executive action to advance his agenda, which includes increasing the minimum wage and creating improved tools to ensure equal pay for women...more
On April 8, 2014, President Obama signed a Presidential Memorandum that will require federal contractors and subcontractors to provide to the U.S. Department of Labor compensation data based on their employees’ sex and race....more