Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor...more
On November 13, 2023, following a bench trial, a federal district court in the district of Massachusetts held that an employer's termination of an employee was not a violation of the whistleblower and retaliation protections...more
Institutions of higher education (IHEs) are often focal points of community activity, and inevitably attract all members of the public to various events and programs that take place on campus, including the youngest—and most...more
On September 15, 2023, the New York City Department of Consumer and Worker Protection issued a Final Rule (Final Rule) amending the Rules of the City of New York governing the Earned Safe and Sick Time Act (the Act). The...more
On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more
8/29/2023
/ Balancing Test ,
Boeing ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Retroactive Application ,
Section 7 ,
Unions
New York State's Legislature recently passed a bill that, once signed by Gov. Kathy Hochul, will effectively prohibit employers from holding mandatory employee meetings for the purpose of discussing labor elections and union...more
On Thursday, June 29, 2023, the Supreme Court of the United States, in Groff v. DeJoy, unanimously decided to clarify the standard under which employers must evaluate religious accommodation requests. In doing so, the Court...more
7/5/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more
6/5/2023
/ Colleges ,
Employee Definition ,
Employee Rights ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Students ,
Title IX ,
Universities ,
University of Southern California (USC) ,
Wage and Hour
In a May 4, 2023 announcement, the U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), granted employers until August 30, 2023 to resume compliance with pre-COVID-19 Form I-9...more
On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...more
5/19/2023
/ Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Bad Faith ,
Collective Bargaining ,
Enforcement Actions ,
Federal Labor Laws ,
Labor Law Violations ,
NLRA ,
NLRB ,
Repeat Violations ,
Unfair Labor Practices ,
Unions
On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the...more