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Executive Order Combats Race and Sex Stereotyping

On September 22, 2020, President Trump signed a new executive order “On Combating Race and Sex Stereotyping.” The new order applies to federal contractors, federal agencies, and federal grant recipients and bans training that...more

InterConnect FLASH! No 75 - Gov. Signs Bill Expanding Stranglehold on IC’s in CA: What Now in California?

California Gov. Gavin Newsom signed the recently passed Assembly Bill 5 (“AB-5”) codifying the Dynamex decision relating to the classification of independent contractors/employees in California and further “clarifying the...more

Board Ends Union’s “Gotcha” Strategy to Counter Anticipatory Withdrawal of Recognition

The National Labor Relations Board (“NLRB”) recently determined in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), that a new framework was required to analyze employees’ representation wishes when an employer...more

NLRB Restores Independent Contractor Test in SuperShuttle

On Friday, January 25, 2019, the National Labor Relations Board (“NLRB”) overruled an Obama-era decision focused on determining whether workers were independent contractors or employees and restored entrepreneurship as a key...more

Navigating NLRB: A New Era For Joint Employment?

From joint employment concerns to questions about email use and employee handbooks, employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis...more

NLRB Turns Attention to Employer Email Systems

After a busy eight months since December of 2017 that saw the National Labor Relations Board (“NLRB”) issue a number of important decisions addressing topics such as joint-employers (rescinded), company policies, micro-units,...more

Despite Legality, Employee Arbitration Pacts Are No Panacea

On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more

Supreme Court Lays D.R. Horton Debate to Rest; Rejects NLRB Position That Class Waivers Violate Employee Rights

On Monday, May 21, 2018, the United State Supreme Court, in a 5-4 opinion written by Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s (“NLRB”) 2012 decision in D.R. Horton, 357 NLRB 2277...more

Title VII Prohibits Employment Discrimination Based on Sexual Orientation – So Says the 2nd Circuit

On February 26, 2018, the full Second Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an employee’s “sexual orientation.” This decision, Zarda v. Altitude...more

Browning-Ferris Valid for Joint Employer Analysis Once Again

Just over two months after the National Labor Relations Board (“NLRB”) reversed the Browning-Ferris decision that re-wrote the test the NLRB used for joint employment (see our December 15 alert here), the Board vacated its...more

The DOL Reissues Previously Rescinded Opinion Letters

Under the Obama administration, the Department of Labor (“DOL”) announced that it would no longer issue opinion letters. It also rescinded 17 opinion letters that had been issued under the Bush administration....more

House of Representatives Passes Legislation Limiting Joint-Employer Liability and Reversing Browning-Ferris

On November 7, the House of Representatives voted to pass a bill that would reverse the National Labor Relations Board’s (“NLRB”) ruling in Browning-Ferris Industries, 362 NLRB No. 186 (2015), that greatly expanded joint...more

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited

On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited

On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more

The ADA is not an Extended Medical Leave Statute, Says the Seventh Circuit

On September 20, 2017, the Seventh Circuit drew a clear line in what has been an ambiguous area: a “multi-month” leave is not a “reasonable accommodation” under the ADA. In the Seventh Circuit at least, employers are no...more

EEO-1 Pay Data Collection Suspended Indefinitely

Employers can breathe a sigh of relief. On August 29, 2017, the Equal Employment Opportunity Commission’s (EEOC) Acting Chair announced that the Office of Budget Management (OBM), per its authority under the Paperwork...more

Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts

In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation...more

As Supreme Court Declines Opportunity to Review Closely Watched Union-Friendly Decision, Micro-Units Remain a Threat to...

Representing the latest in a series of significant labor law developments in an already busy month of June, the United States Supreme Court declined to review the Fifth Circuit’s controversial, pro-union decision in Macy’s v....more

DOJ Now Supports Enforcement of Employment Arbitration Clause

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

June Kicks Off with a Flurry of Labor and Employment Law Developments and Activity

DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the...more

Supreme Court Upholds Decision to Vacate NLRB Order Due to Improper Appointment of NLRB General Counsel

On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly...more

Ohio GOP Bill Would Give Counties, Cities Option on Paying Prevailing Wages

Ohio’s counties and cities would have the ability to decide whether they want to pay state-mandated prevailing wages on taxpayer-funded projects, or allow contractors to bid on projects without such requirements, under a bill...more

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