Since July 1, 2020, Virginia has prohibited employers from entering into, enforcing or threatening to enforce non-compete agreements with “low wage employees.” The definition of “low wage employee” periodically changes...more
On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA), marking the fifth change to the board’s...more
On Aug. 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a decision, which together overturn decades of precedent and represent a sea change in the union election process. First, the NLRB...more
Courts and litigants have long acknowledged that, to qualify as a “trade secret,” information must have “independent economic value” derived from its secrecy. Some commentators believe this requirement has been fairly...more
On Aug. 29, 2022, the National Labor Relations Board (NLRB) ruled in a 3-2 decision along party lines in Tesla, Inc. , 370 NLRB No. 131 (2022), that an employer cannot impose any restriction on its employees’ right to wear...more
On July 26, 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the National Labor Relations Board (NLRB) signed a joint memorandum of understanding (MOU) with the goal of “promoting the free flow of commerce...more
On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes are “employees” under the...more
On Sept. 22, 2021, Governor Gavin Newsom signed Assembly Bill 701 (AB 701). Effective Jan. 1, 2022, it will become the first state law of its kind to regulate and set parameters around the use of production quotas at...more
As McGuireWoods noted in a Sept. 10, 2021 alert and Sept. 20, 2021 FAQs, President Biden’s “Path Out of the Pandemic” COVID-19 action plan is big on concept but thin on details pending yet-to-be-issued regulations. There is,...more
9/24/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On May 5, 2021, the U.S. Department of Labor (DOL) eliminated a Trump administration end-of-term rule for determining whether workers should be classified as independent contractors or employees under the Fair Labor Standards...more
Responding to the ubiquity of remote work amid the pandemic, on Dec. 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (FLSA2020-19) issued an opinion letter regarding the compensability of travel time when...more
On Dec. 10, 2020, the National Labor Relations Board (NLRB) issued a decision in BMW Manufacturing Co. regarding whether various rules and policies in an employer’s handbook violated the National Labor Relations Act (NLRA)....more
On Nov. 3, 2020, the U.S. Department of Labor’s Wage and Hour Division issued two additional opinion letters regarding what constitutes “work time” under the Fair Labor Standards Act (FLSA). The first opinion letter analyzes...more
On March 26, 2020, the U.S. Department of Labor (DOL) issued a series of opinion letters clarifying how to calculate properly an employee’s “regular rate” under the Fair Labor Standards Act (FLSA) for overtime payment...more
The COVID-19 pandemic presents unique challenges for employers whose employees are represented by labor unions. Under the National Labor Relations Act (NLRA), unionized employers must negotiate with a collective bargaining...more
On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more
On March 6, the Department of Labor announced a pilot program called the Payroll Audit Independent Determination (PAID) program, which seeks to expedite resolution of minimum wage and overtime violations....more
On Aug. 31, 2017, a federal court in Texas struck down the Obama-era Department of Labor rule that would have significantly expanded overtime eligibility by more than doubling the salary threshold under the Fair Labor...more
Introduction -
In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more
1/18/2017
/ Administrative Law Judge (ALJ) ,
At-Will Employment ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Joint Employers ,
LMRDA ,
NLRA ,
NLRB ,
Persuader Rules ,
Unions
On Nov. 22, 2016, a federal court in Texas issued a preliminary injunction temporarily halting nationwide enforcement of the U.S. Department of Labor’s new final rule regarding Fair Labor Standards Act overtime regulations...more
As previously reported, on March 23, 2016, the U.S. Department of Labor (DOL) issued its reinterpretation of the “persuader” rule in the Labor Management Reporting Disclosure Act of 1959 (LMRDA), originally scheduled to be...more
In a 2-to-1 decision, the National Labor Relations Board (NLRB or “the Board”) overturned longstanding precedent to hold that student teaching assistants can be classified as employees under the National Labor Relations Act...more
In a much-anticipated decision, the National Labor Relations Board (NLRB) on July 11, 2016, reversed its existing precedent on organizing of temporary employees. In Miller & Anderson, Inc., the NLRB ruled that permanent...more
On March 31, 2016, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a carefully worded technical assistance letter addressing the complex interplay...more
On March 23, 2016, the U.S. Department of Labor (DOL) issued its long-anticipated reinterpretation of the “persuader” rule in the Labor Management Reporting Disclosure Act of 1959 (LMRDA). Spanning more than 400 pages, the...more