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New Board Restores Proper Joint Employer Test

Last week the newly constituted Trump Board overruled the Obama-era joint employer test that has caused confusion and legal uncertainty for many employers. ...more

Trump Board Trashes “Biggest Idiot” Test

The Trump Board quickly jumped on the Obama Board’s seeming obsession with otherwise innocuous employee policies and handbook provisions. The Boeing Company. We have repeatedly blogged about the Obama Board’s “biggest idiot”...more

Supreme Court Avoids Sex Orientation Case

In an move that surprised many Supreme Court watchers, the Court declined to hear the case of Evans v. Regional Hospital et al. The case raised the issue of whether the prohibition in Title VII against employment...more

DOL Proposing New Tip Credit Regulations

On December 4, 2017, the U. S. Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking regarding the tip credit regulations under the Fair Labor Standards Act. The proposed new regulation will be published today,...more

NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General...more

Clothes or Equipment

The Fair Labor Standards Act permits employers and unions to agree to exclude from compensable time, the time spent washing and changing clothes. Does this include agreeing about putting on and taking off “protective...more

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