Back in July 2021, President Biden signed Executive Order 14036 directing the Federal Trade Commission (“FTC”) to “address agreements that may unduly limit workers’ ability to change jobs.” As a result, gallons of ink were...more
Concerning the ongoing assault on mandatory arbitration agreements, we recently blogged about the passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (P.L. 117-89), colloquially the “MeToo”...more
The start of a new year is the time for annual retrospectives, predictions, and promises to get back into the gym. Although we can’t help with that last one, we wanted to take this opportunity to offer our own analysis on the...more
Days after New York City announced its first positive case of the Omicron variant, Mayor Bill DeBlasio announced a sweeping upcoming vaccine mandate for virtually all private employers in the City. According to DeBlasio, this...more
Do you have 100 or more employees? Are you a federal government contractor? A healthcare provider? A large entertainment venue? If the answer to any of these questions is yes—and as you’ve already probably heard—President...more
U.S. employers have known for a while that they can require their employees to get an FDA-approved Covid-19 vaccine. As recently as a couple of months ago, however, most employers weren’t doing that, with a few exceptions in...more
During the Trump years, the National Labor Relations Board (meaning, the actual five-member Board in Washington, whose decisions drive interpretations of federal labor law) got a lot less friendly to organized labor, and a...more
Last week, the Trump-era independent contractor classification rule was officially eradicated by the U.S. Department of Labor, (“DOL”) due to its apparent inconsistency with the Fair Labor Standards Act (“FLSA”). The rule,...more
For years, employee interest in unions has dwindled. But a pandemic, persistent income inequality and high unemployment—not to mention the most pro-union Presidential administration in generations—have all converged to flip...more
As we have previously noted on this blog, a central aim of the Trump administration was to take aim at—and rescind—Obama-era labor rules. The Trump Department of Labor (DOL) took what was perceived as a consistently...more
Lawsuits and Laws In Vogue: What To Keep an Eye On in 2021 -
Emerging vaccines bring hope during the ongoing pandemic, but there’s little relief in sight for the upward trend in COVID-19-related lawsuits. Adding to that,...more
1/14/2021
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Employer Liability Issues ,
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Employment Discrimination ,
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Infectious Diseases ,
Labor Regulations ,
Occupational Exposure ,
Pay Equity Laws ,
Remote Working ,
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Workplace Illness and Injury Reporting ,
Workplace Safety
The impact of the legal definition of “employee” versus “independent contractor” under the Fair Labor Standard Act (“FLSA”) and other employment laws cannot be understated. The FLSA’s minimum wage and overtime...more
On January 20, 2021, Vice President Joseph R. Biden Jr. will be sworn in as the 46th President of the United States. Whichever side of the political spectrum you fall on, there can be no question that this is going to signal...more
The independent contractor/employee classification conundrum is nothing new. Courts, state legislatures, and even the IRS have developed a slew of multi-factor tests to assess whether a worker is an employee or independent...more
This fall’s return to school will be a challenge for students, parents, and employers alike. Most states are dealing with a wide array of approaches to begin the school year. The approaches can generally be categorized in...more
In an August 13 decision the National Labor Relations Board upheld an administrative law judge’s decision denying William Beaumont Hospital’s motion for an in-person hearing for an unfair labor practice charge. The charge was...more
Uber and Lyft may be longing, ironically enough, for the days when COVID-19 was the most immediate existential threat to their businesses. But now a California court has ruled that Uber and Lyft cannot classify their...more
How times change. In 2017, a foul-mouthed advocate of purported employee rights delighted in outing on Facebook his boss—a hard-driving banquet manager who clearly didn’t get the whole employee-relations thing—as a “nasty...more
Coronavirus testing and screening procedures are central to many companies’ return-to-work plans. Because testing and screening data is often sensitive and may help to determine whether individuals are allowed to work,...more
This week, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the National Labor Relations Board overruled a 2016 decision, and held that an employer does not have a duty to bargain over...more
U.S. employers are now in the thick of bringing employees back to physical offices, facilities and plants. Some of the myriad issues they must address are pure HR: how to deal with employee fears, for example, or how to...more
The battle between a now pro-employer NLRB and labor unions continues. In the latest skirmish, the NLRB has announced its new election rule (which repeals Obama-era “quickie” election rules) will take immediate effect to the...more
Employers, as you plan for a safe return to work, there are several critical protocols and practices to consider. Below you will find a Return to Work (RTW) Checklist, created by the Kelley Drye Labor and Employment team to...more
First Up: DOL Expands Overtime Exemption for Commission-based Retail and Service Workers -
We all know that retail has been hit hard by the pandemic. When retail employees paid on a commission basis do go back to work, fewer...more
A recent ruling by the U.S. Department of Labor (DOL) signals the start of the forecasted avalanche of government claims and civil litigation arising from the COVID-19 pandemic and related emergency legislation. ...more