Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more
7/23/2024
/ College Athletes ,
Colleges ,
Educational Institutions ,
Employee Definition ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Student Athletes ,
Universities ,
Wage and Hour
On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more
2/12/2024
/ College Athletes ,
Compensation & Benefits ,
Employee Definition ,
Employees ,
Hiring & Firing ,
Labor Regulations ,
NCAA ,
NLRA ,
NLRB ,
Scholarships ,
Student Athletes ,
Wage and Hour
Q. Are there any updates related to New Jersey’s Temporary Workers’ Bill of Rights?
A. Yes. As previously reported, in February, New Jersey Governor Phil Murphy signed into law the Temporary Workers’ Bill of Rights (the...more
Q. What do companies with employees in Delaware need to know about Delaware’s paid family leave law? ...more
Q. As a New York employer, what do I need to know about the amendments to New York’s Labor Law regarding whistleblowers? ...more
Q: What do employers need to know about the recently released Occupational Safety and Health Administration (OSHA) guidance for COVID-19 prevention programs in the workplace?...more
Q: What do I need to know about the proposed federal rule on independent contractor classification?
...more
10/19/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
Who Needs to Know -
Employers who are reopening (or have already reopened) by bringing employees back to their workplaces.
Why It Matters -
Bringing a workforce back to the workplace, whether from teleworking,...more
9/15/2020
/ ADEA ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Re-Opening Guidelines ,
Title VII ,
Wage and Hour ,
Workplace Safety
The COVID-19 coronavirus has already had a tremendous impact on the American economy. Unfortunately, many businesses have been forced to either reduce employee hours or furlough, lay off or terminate employees due to...more
4/7/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Quarantine ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
Unemployment Benefits ,
Unemployment Insurance
The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more
2/11/2020
/ Appeals ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Pay ,
First Amendment ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
Wage and Hour
Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment?
A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more
11/22/2019
/ Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Zero Tolerance Policies
Q. I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...more
10/18/2019
/ Administrative Law Judge (ALJ) ,
Employee Rights ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Relations ,
Micro-Unions ,
Misclassification ,
NLRA ,
NLRB ,
Non-Employees ,
Section 7 ,
Unfair Labor Practices ,
Union Elections ,
Unions
The growing trend to eliminate inquiries into a job applicant’s salary history continues. In July, New York and New Jersey became the latest states to enact legislation that will restrict employers from obtaining and...more
9/10/2019
/ Employer Liability Issues ,
Equal Pay ,
First Amendment ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Q: What do New York employers need to know about the recent amendment to the state’s pay equity law?
A: In November 2015, New York became one of the first jurisdictions to pass a pay equity law that was more extensive...more
8/1/2019
/ Amended Legislation ,
Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Q. As an employer located in Pittsburgh, Pennsylvania, what do I need to know about accommodations for pregnant employees? ...more
Q: I heard there are some recent changes to New Jersey’s laws regarding employee leave benefits. Will they affect my company’s employment policies?
...more
Q: How does the current National Labor Relations Board view employee handbook policies?
A: Under the Trump administration, the National Labor Relations Board (“Board”) has shifted in a more employer-friendly direction,...more
Q: Does using social media advertisements targeted to younger potential applicants raise age discrimination concerns?
A: The Age Discrimination in Employment Act (“ADEA”) makes it illegal to discriminate against workers...more