The Burr Broadcast: FLSA Overtime Exemption
What's the Tea in L&E? Alert: Salary Threshold for Exempt Employees Increases to $58,656
VIDEO: Major Changes Coming for Employers
#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment Law This Week®
The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
The Burr Broadcast: Proposed Expanded Overtime Rule
Podcast: California Employment News - The Basics of Pay Exemptions
California Employment News: The Basics of Pay Exemptions
Podcast: California Employment News - Department of Labor Guidance on Telework
California Employment News: Department of Labor Guidance on Telework
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
Employment Law Now VII-126 - Invalidating Severance Agreements (and Other Important Developments)
The Labor Law Insider: Joint Employer Standard Changes: Beware, Part I
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
Running Successful and Legally Compliant Internships
DE Under 3: Trump Admin Independent Contractor Rule Back; Non-binary Reporting & the OFCCPs New Pay Equity Directive
#WorkforceWednesday: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities - Employment Law This Week®
Podcast: Do You Have to Pay for Training Time?
Looking back at 2021 and ahead to 2022
This blog series addresses common employment-related issues for cannabis industry professionals. This first post addresses timekeeping considerations for manufacturers and retailers of cannabis products to ensure compliance...more
In this fourth and final issue of SuperVision for 2022, we asked our Spilman Team to highlight some of the big labor and employment developments from 2022 and to preview issues they expect to see in 2023. Consider this our...more
Over the past two years, employers dealing with the COVID-19 pandemic were forced to hold their holiday celebrations virtually via Zoom, or maybe even scrapped such events altogether given the circumstances. This year,...more
We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more
U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
If Current Polling Holds, Expect Additional Executive Action In 2023 And 2024. This newsletter has often had occasion to discuss the Office of Information and Regulatory Affairs (OIRA) in the context of addressing rules...more
The Two Relevant Policy Matters Are Really Big -- But Head Into The Weekend In A Holding Pattern. Below is a brief dabble into the history of a great American tradition. More importantly, though, the magnitude of the two main...more
In Virginia, returning — or planning to return — to the physical workplace following the COVID-19 pandemic means ensuring employment practices comply with the Commonwealth’s significantly changing legal landscape...more
WHAT: Virginia enhanced legal protections for workers in the Commonwealth with several laws that took effect on July 1, 2021. Virginia Overtime Wage Act - Governor Ralph Northam signed the Virginia Overtime Wage Act, Va....more
Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. ...more
On January 25, 2021, the National Labor Relations Board’s Division of Advice released an Advice Memo on the issue of whether certain cannabis workers were exempt from the National Labor Relations Act as agricultural workers....more
As you might recall from our previous post, The 10th Circuit Grants Re-leaf to Workers Seeking Overtime Under the FLSA, the 10th Circuit held that cannabis employers are not immune from federal overtime laws even though the...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana....more
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
1. I Can See (More) Clearly Now: Illinois Clarifies Employer Protections in Recreational Cannabis Law - Beginning on January 1, 2020, recreational use of cannabis by adults in Illinois will be legal under state law. Of...more
The U.S. Court of Appeals for the Tenth Circuit was not persuaded that because marijuana remains illegal under the federal Controlled Substances Act (CSA), an employer was absolved of the requirements of the Fair Labor...more
Although legal for medical and recreational use in Colorado, cannabis is still federally classified as an illegal Schedule 1 substance. As such, tension results when considering the applicability of federal employment...more
Nevada has undergone a significant transformation regarding the legal landscape affecting Nevada’s Employers. Several of these new laws have just recently gone into effect or are slated to go into effect at the beginning of...more
Outlook for This Week in the Nation’s Capital - Recess. Congress is in recess until December 2 for the Thanksgiving holiday. Clark Hill wishes our readers a Happy Thanksgiving....more
Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more
New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices...more
As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more
On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the...more
In Kenney v. Helix TCS, Inc. No. 18-1105 (10th Cir. Sept. 20, 2019), the 10th Circuit Court of Appeals held that employers in the cannabis industry must abide by the wage/hour requirements of the Fair Labor Standards Act...more
It is time to make sure you are ready for 2020 (and beyond). Here are five (5) hot HR compliance issues you should be tracking and implementing: New Salary Thresholds for Exempt Employees under the Fair Labor Standards Act -...more