News & Analysis as of

Employer Liability Issues The National Labor Relations Act Wage and Hour

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, March 2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Fisher Phillips

Federal Appeals Court Narrows Labor Board’s Ability to Award Money to Workers

Fisher Phillips on

A federal appeals court just clipped the wings of the National Labor Relations Board by limiting its authority to impose monetary remedies against employers. In a significant decision that could soon reverberate around the...more

Jackson Lewis P.C.

Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

Jackson Lewis P.C. on

The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more

Troutman Pepper Locke

“Love is Blind” – Can Reality TV Shows Minimize Independent Contractor Misclassification of Contestants? ‎

Troutman Pepper Locke on

A federal agency last week accused the companies that created and produce the Netflix reality television series “Love is Blind” of misclassifying the contestants on the show as independent contractors (ICs) instead of...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 4, December 2024

Happy Holidays and welcome to our year-end issue of SuperVision. In this edition, we are pleased to bring you the “Top Five” biggest labor and employment issues that will impact employers for the coming year along with...more

Wiley Rein LLP

Maintaining Civility Post-Election – Guardrails on Employee Political Speech

Wiley Rein LLP on

Election season is officially over, but the tension surrounding discussions about the candidates and the issues in American society is unlikely to end soon. That tension is extending beyond dinner tables and social...more

Paul Hastings LLP

Recent Developments Affecting Non-Competes and Employee Mobility

Paul Hastings LLP on

Employers take note: a series of recent developments could impact the way that companies across the country handle non-competition restrictions and retention rules. First, recent developments in the legal challenges to the...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy Clips Ep. 4 - 3 Things that Keep your Labor and Employment Lawyer Up at Night

This Halloween, it’s not monsters under the bed that spook labor and employment lawyers—it’s the avoidable mistakes some employers make! In this episode of Constangy Clips, attorney Max Bernas shares three haunting practices...more

Bricker Graydon LLP

Employee Repayment Agreements - Safe from the NLRB?

Bricker Graydon LLP on

Consider finding a new job with a company: On your first day, the company explains that it will invest a significant amount of time and resources in training you. In return, the company expects you to sign a training...more

Troutman Pepper Locke

Commentary: NLRB Poised to Rule That Independent Contractor Misclassification Alone ‎Violates the Law, but Ruling Not Likely to...

Troutman Pepper Locke on

A recent decision by the National Labor Relations Board in a case involving workers who were classified by a company as independent contractors has provided a clear signal that the NLRB is likely to reverse its current law...more

Troutman Pepper Locke

NLRB About to Rule That Independent Contractor Misclassification Alone Violates Law

Troutman Pepper Locke on

Is independent contractor misclassification, standing alone, a violation of the National Labor Relations Act? Last month, the National Labor Relations Board issued a decision in a case involving workers who were found to be...more

Shook, Hardy & Bacon L.L.P.

Employer Violated NLRA By Not Providing Wage Information, NLRB Rules

A National Labor Review Board (NLRB) administrative judge has ruled that a Pennsylvania psychiatric hospital violated Section 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by not providing wage information...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

Littler on

Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

Jackson Lewis P.C.

Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

Jackson Lewis P.C. on

The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

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

Constangy, Brooks, Smith & Prophete, LLP

Biting the hand that feeds you. Don’t bite back.

You’ve got an employee who is an outspoken critic of your company’s equal employment policies or practices. He or she has violated your dress code by wearing anti-discrimination messages, fomented discontent amongst your...more

Butler Snow LLP

Federal Court Vacates NLRB’s Rule Regarding Joint Employers

Butler Snow LLP on

The National Labor Relations Board (“NLRB”) issued its 2023 rule to determine joint employer status entitled “Standard for Determining Employer Status” on October 26, 2023 (the “2023 rule”). This topic was previously covered...more

Seyfarth Shaw LLP

Texas District Court Invalidates the NLRB’s Joint Employer Rule

Seyfarth Shaw LLP on

Last Friday, March 8, 2024, the United States District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (“NLRB”) 2023 Joint Employer rule (“2023 Rule”) finding that it was both...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

CDF Labor Law LLP

NLRB’s New Joint Employment Rules Struck Down By Federal District Court

CDF Labor Law LLP on

In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more

Whiteford

Employment Law Update: NLRB News You Should Know - THE JOINT EMPLOYER RULE ON HOLD, AGAIN

Whiteford on

In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with...more

Brownstein Hyatt Farber Schreck

House Votes to Overturn NLRB’s Joint Employer Rule

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,...more

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