On July 31, 2024, Illinois Governor J.B. Pritzker signed Senate Bill 3649, the “Worker Freedom of Speech Act,” (the “Act”) which prohibits employers from using “captive audience” meetings with employees to discuss an...more
On June 12, Kilpatrick’s Marc Lieberstein, Franchise and Licensing Partner, and Chris Caiaccio, Labor and Employment Counsel, spoke for Celesq, a leading provider of legal education, on the topic of whether franchising was...more
We previously reported on the Department of Labor’s (“DOL”) Notice of Proposed Rulemaking (“NPRM”) regarding overtime eligibility. The DOL estimated that the NPRM, as drafted, would make approximately 3.6 million U.S. workers...more
Spring is in the air and along with the change in season, there are changes on the horizon for how government contractors will have to target pay equity and transparency. The White House announced two new proposed rules on...more
On Monday, April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued its final “walkaround” rule. The final rule broadens worker and union rights to designate an employee or...more
Federal and state efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year. As Kilpatrick’s labor and employment team has written about previously,...more
Kilpatrick Townsend attorneys Chris Caiaccio and Drew Williamson recently presented at the “Kilpatrick Townsend Retail and Consumer Goods Summit,” featuring members of the firm’s Retail and Consumer Goods Industry Team who...more
The National Labor Relations Board (“NLRB” or “Board”) continued its aggressive efforts to curtail longstanding management rights under federal labor law, this time by reviving key features of a long-dormant legal doctrine...more
Today the National Labor Relations Board (“Board” or “NLRB”) issued a Final Rule amending its procedures governing representation election. The new rule restores the 2014 “quickie” or “ambush” election rules, which will...more
Last week, the full U.S. Court of Appeals for the Fifth Circuit rejected nearly thirty years of unique precedent that limited the scope of disparate-treatment liability under Title VII of the Civil Rights Act of 1964 to...more
The National Labor Relations Board (the “Board” or “NLRB”) has (again) changed federal labor law in favor of employees. The latest reversal concerns the Board’s standard for evaluating the legality of neutral workplace rules...more
Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more
On February 24, 2023, we issued an alert regarding the NLRB’s decision in McLaren Macomb. In that alert, we indicated that the NLRB would eventually issue guidance on questions arising as a result of that decision and,...more
Tuesday’s NLRB decision in McLaren Macomb explicitly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) and reversed the Trump-era decisions...more
On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit ruled in Chamber of Commerce v. Bonta that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act. After two failed attempts...more
Since President Biden took office and subsequently appointed union attorney Jennifer Abruzzo to the General Counsel role, the National Labor Relations Board (the “Board” or “NLRB”) has issued pro-union decision after...more
On November 3, 2022, the National Labor Relations Board issued a proposed rule that would rescind a 2020 rule issued under the Trump Administration and make it more difficult for workers who are dissatisfied with their unions...more
On May 12, 2022, New York City Mayor Eric Adams signed into law amendments to the New York City Human Rights law that will require New York City employers to include salary ranges in job advertisements. The law becomes...more
Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more
10/12/2022
/ Comment Period ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Proposed Rules ,
Public Comment ,
Wage and Hour
On February 10, 2022, the Senate passed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The bill now awaits President Biden’s signature and the President is expected to sign the...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
On December 17, the Sixth Circuit Court of Appeals voted 2-1 in a 3-judge panel to...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
On November 4, 2021, the U.S. Department of Labor issued emergency temporary...more
On January 7, 2021, when Trump was still in office, the Department of Labor (“DOL”) published a new, employer-friendly rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The...more
On January 7, 2021, the Department of Labor (“DOL”) published a new rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The “Independent Contractor Rule” had an initial effective...more
In the wake of COVID-19, employers still find themselves navigating uncharted waters regarding employee leave requests and employer leave responsibilities under various state and federal requirements. Specifically, employee...more