Did you keep up with all the workplace law updates in 2024? Take our quiz to see if you can score a perfect 10 or need to do some catch-up work. After jotting down your answers, use the answer key at the end (no peeking!) to...more
1/6/2025
/ Artificial Intelligence ,
Chevron Deference ,
Corporate Transparency Act ,
Department of Labor (DOL) ,
Employer Responsibilities ,
Employer Rights ,
Employment Discrimination ,
Employment Policies ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Heat Exposure ,
Lateral Transfers ,
New Rules ,
NLRB ,
OSHA ,
Over-Time ,
Privacy Laws ,
Recordkeeping Requirements ,
Safety Inspections ,
Title VII ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Harassment Guidance ,
Workplace Safety
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
7/18/2024
/ Acheson Hotels LLC v Laufer ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Remedies ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Agreements ,
Chevron Deference ,
Civil Rights Act ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disability Discrimination ,
Drug Testing ,
Employee Benefits ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Failure to Accommodate ,
Fringe Benefits ,
Government Agencies ,
Hiring & Firing ,
Labor Disputes ,
Labor Relations ,
Lateral Transfers ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Misclassification ,
Muldrow v City of St Louis ,
Murray v UBS Securities LLC ,
NLRA ,
NLRB ,
Over-Time ,
Reinstatement ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
SEC v Jarkesy ,
Sex Discrimination ,
Smith v Spizzirri ,
Standard of Proof ,
Starbucks Corp. v McKinney ,
Statute of Limitations ,
Statutory Interpretation ,
Title VII ,
Unemployment Benefits ,
Unfair Labor Practices ,
Union Organizers ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more
12/29/2023
/ Affirmative Action ,
Artificial Intelligence ,
Chevron Deference ,
Child Labor ,
Compensatory Damages ,
Consumer Privacy Rights ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
E-Verify ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Form I-9 ,
Hiring & Firing ,
Low-Wage Workers ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Privacy Laws ,
Wage and Hour ,
Workplace Safety
Were you paying attention to all the workplace law developments in 2023? While it’s hard to keep up with so many changes, you can take our quiz to test your knowledge and see how you stack up. But don’t worry if you get a...more
12/28/2023
/ Artificial Intelligence ,
Department of Labor (DOL) ,
Diversity ,
Employee Handbooks ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Religious Accommodation ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
5/1/2023
/ Artificial Intelligence ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mental Health ,
NLRB ,
OFCCP ,
OSHA ,
SCOTUS
As gig economy businesses – and other employers that implement gig-like workforce models – gear up for a new year, it’s natural to look ahead and begin to set expectations for what the road ahead might bring. We’ve scoured...more
1/24/2022
/ ABC Test ,
Artificial Intelligence ,
Business Model ,
Delivery Drivers ,
Department of Labor (DOL) ,
Gig Economy ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Misclassification ,
NLRB ,
Ridesharing ,
Wage and Hour
In one of its final moves of the year, the National Labor Relations Board announced in late December that will reconsider the current legal standard for determining whether workers are independent contractors or employees....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death
Chalk up in the win column for businesses. On August 29th, 2019, the National Labor Relations Board ruled that companies found to have misclassified workers as contractors will not automatically face liability for an unfair...more
It’s been a roller coaster two weeks for gig economy companies. On April 29, the U.S. Department of Labor handed gig economy companies a nice outcome by issuing an opinion letter confirming that typical gig workers are,...more
5/15/2019
/ ABC Test ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Labor Relations ,
Misclassification ,
NLRB ,
NLRB General Counsel ,
Uber
The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more
4/2/2019
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
NLRB ,
Proposed Regulation ,
Proposed Rules ,
Terms and Conditions ,
Unions ,
Wage and Hour
I recently wrote about the January 25 decision from the National Labor Relations Board that makes it easier for businesses to classify their workers as independent contractors (SuperShuttle DFW, Inc.). In a nutshell, now that...more
In a significant ruling which will benefit companies, the National Labor Relations Board on January 25th, revised the test it uses for determining whether workers are employees or independent contractors by making it easier...more
As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown...more
1/14/2019
/ Anti-Deficiency Act ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Employment Eligibility Verification ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Contractors ,
Foreign Nationals ,
Foreign Workers ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
NLRB ,
OSHA ,
Trump Administration ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
With one final jolt to end the year, a federal appeals court ruled Friday that the impractical joint employer test originally adopted by the Obama-era National Labor Relations Board in 2015 was properly enacted and therefore...more
Because Congress and the president could not approve a stopgap funding bill by midnight on December 21, the federal government partially shut down, with no compromise in sight. What will this mean for employers across the...more
12/27/2018
/ Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Contractors ,
Foreign Nationals ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
NLRB ,
Trump Administration ,
USCIS ,
Visas
Right after the clock struck midnight yesterday morning, the U.S. Department of Labor unveiled its new regulatory agenda for Fall 2018 and announced its intention to soon tackle two of the hottest topics in the labor and...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
10/11/2018
/ #MeToo ,
Background Checks ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Epic Systems Corp v Lewis ,
Governor Brown ,
Hiring & Firing ,
Joint Employers ,
Lactation Accommodation ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Sexual Harassment ,
Unions
In a rare procedural move that caught many by surprise, the National Labor Relations Board announced on Wednesday that it will soon start the rulemaking process to clarify the current joint employment standard. Perhaps...more
With the Senate’s confirmation of John Ring to the National Labor Relations Board on April 11 and the administration’s subsequent announcement on April 12 that he will be designated as the agency’s Chair, the Board is once...more
Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more
If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more
1/18/2018
/ Budget Reconciliation ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Shutdown ,
Green Cards ,
Labor Relations ,
NLRB ,
OSHA ,
PERM ,
Small Business ,
Trump Administration ,
US State Departments ,
USCIS ,
Visas ,
Wage and Hour ,
Work Visas ,
Workplace Safety
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Affordable Care Act ,
Appeals ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Brown ,
GrubHub ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Independent Contractors ,
Misclassification ,
New Rules ,
NLRB ,
OFCCP ,
Over-Time ,
Parental Leave ,
Preventive Health Care ,
Proposed Rules ,
Restraining Orders ,
Retaliation ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Tip-Pooling ,
Title VII ,
Transgender ,
Travel Ban ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s...more
The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more
10/10/2017
/ Appeals ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Oral Argument ,
Ridesharing ,
Uber