The National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, is attempting to revive unions’ ability to win recognition from employers without a secret ballot election. In a brief filed...more
National Labor Relations Board (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo released a Memorandum on April 7, 2022, stating that she would seek to ban mandatory anti-union meetings in the workplace. Abruzzo’s...more
On February 9, 2022, the United States Fifth Circuit Court of Appeals issued an Order declining to lift the injunction blocking President Biden’s COVID-19 vaccination requirement for federal government workers. ...more
On August 12, 2021, the newly appointed and narrowly confirmed General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a Memorandum outlining the Board’s first steps in undoing every significant...more
On June 23, 2021, the U.S. Supreme Court reversed the Ninth Circuit and held that a California state law allowing limited organizing activity on employer’s farms is unlawful because it is a physical taking of the employer’s...more
6/30/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
The U.S. District Court for the District of Colorado decided that a sufficiently high day rate, although not a “salary” per se, was sufficient to satisfy the “salary basis” requirement for the FLSA’s white collar exemptions....more
On May 3, 2021, the National Labor Relations Board (“NLRB” or the “Board”) found that the employer’s policy barring workers from recording conversations with their colleagues did not violate the National Labor Relations Act...more
On March 12, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that employers must file their 2019 and 2020 EEO-1 Component 1 data compilation with the agency by the end of July after last year’s...more
On February 17, 2021, President Joe Biden nominated Jennifer Abruzzo to be General Counsel of the National Labor Relations Board (NLRB). Ms. Abruzzo was most recently a Special Counsel for Strategic Initiatives for the...more
On January 26, 2020, the Department of Labor’s (DOL) Wage and Hour Division withdrew three Opinion Letters released the week prior to Biden’s inauguration, including FLSA 2021-4 (discussed in the blog post here) as well as...more
As you may have noticed from our recent blog posts, the Department of Labor (“DOL”) has been busy. On the Trump Administration’s last full day in office (Tuesday, January 19, 2021), the DOL issued four new Opinion Letters—on...more
On December 10, 2020, a divided National Labor Relations Board (NLRB or Board) reversed an administrative law judge’s (ALJ) finding that an employer violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by...more
On November 12, 2020, the National Labor Relations Board (“NLRB”) released an Advice Memorandum originally issued on February 22, 2019. See Advice Memorandum in Chipotle Mexican Grill (28-CA-229134). Despite the 21 month...more
On September 22, 2020, the United States Department of Labor (“DOL”) proposed regulations intended to make it easier for companies to classify workers as independent contractors. The proposed rule offers a framework for...more
In D’Onofrio v. Costco Wholesale Corp., No. 19-10663 (11th Cir., July 6, 2020), the Eleventh Circuit Court of Appeals affirmed the reversal of a $775,000 verdict in favor of the plaintiff. The court ruled that the evidence...more
On March 31, 2020, the National Labor Relations Board (“NLRB” or “Board”) finalized amendments to its election rules, improving current processes in favor of greater employee choice.
New Blocking Charge Policy: Instead of...more
On February 27, 2020, the United States Court of Appeals for the Ninth Circuit issued its opinion in Rizo v. Yovino, No. 16-15372 (9th Cir. Feb. 27, 2020) (Rizo II). The Ninth Circuit ruled that “factors other than sex,” an...more
Employers rejoice! The National Labor Relations Board (NLRB) released a string of rulings on Monday reversing three controversial Obama-era decisions. With these rulings, the NLRB returned to long-standing rules in areas of...more
Recently, the National Labor Relations Board (“NLRB”) invited the public to file amicus briefs regarding the treatment of “profane outbursts and offensive statements of a racial or sexual nature.” Gen. Motors LLC & Charles...more
The DOL continues to issue proposed rules to “modernize” the FLSA. The latest proposal, if finalized, would clarify and update the requirements for how employers calculate the “regular rate” of pay. The “regular rate” is...more
Even the courts have noticed that U.S. workers often hold more than one job. Yesterday the Sixth Circuit Court of Appeals held that police officers who worked second jobs as security guards or directing traffic were not...more
The EEOC has suggested that a manager’s performance evaluation should include the manager’s compliance with Equal Employment Opportunity (EEO) laws. More information. Keep in mind that such a grading system must be applied in...more
When it enacted Title VII of the Civil Rights Act of 1964, Congress stated a desire to assure individuals additional opportunities to observe religious practices when they conflict with employment. But what does it mean...more
On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press...more
1/10/2018
/ Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Internships ,
Misclassification ,
Primary Beneficiary Test ,
Regulatory Oversight ,
Regulatory Reform ,
Unpaid Interns ,
Wage and Hour