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Fair Labor Standards Act (FLSA) The National Labor Relations Act

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Hurricanes and Earthquakes and Wildfires, Oh My! - Key Disaster Preparedness Considerations for Employers

A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the...more

Robinson & Cole LLP

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

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Introduction - In the past three years, groundbreaking legal and structural changes have shaken collegiate sports. In June 2021, a unanimous Supreme Court held in NCAA v. Alston, 594 U.S. 69 (2021), that the NCAA and some...more

Troutman Pepper

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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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

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

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On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Venable LLP

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

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U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

Carr Maloney P.C.

Unions for College Athletes – Some Food for Thought

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The Dartmouth College Men’s Basketball Team recently petitioned the National Labor Relations Board (NLRB) for recognition of their rights as “employees” of the College to form a union and bargain over their relationship to...more

Parker Poe Adams & Bernstein LLP

Managers Not Protected by NLRA Concerted Activity Rules

Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more

BakerHostetler

Court Vacates New NLRB Joint Employer Rule

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On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the...more

Constangy, Brooks, Smith & Prophete, LLP

Dartmouth men’s basketball players are employees, NLRB Regional Director says

In a February 5 decision, Laura A. Sacks, the Regional Director for Region 01 of the National Labor Relations Board, concluded that the men’s basketball student-athletes for Dartmouth College are employees for purposes of the...more

Epstein Becker & Green

#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment...

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This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations...more

Holland & Knight LLP

U.S. Labor Department Issues Final Rule on Independent Contractors

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The U.S. Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA) on Jan. 10, 2024. The final rule is effective March 11, 2024. It...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

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On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Kilpatrick

5 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

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On November 30, Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight...more

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

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Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

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For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Warner Norcross + Judd

Recent Agency Moves May Shake Up Employers

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Recent actions by the National Labor Relations Board (NLRB) and Department of Labor (DOL) may have significant implications for employers. First, the NLRB issued a decision in Cemex Construction Materials Pacific last week...more

Dorsey & Whitney LLP

What is the current standard used by the National Labor Relations Board to determine if a worker is an employee or an independent...

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Each government agency has set its own standard for determining whether a worker is properly classified as an employee or an independent contractor.  Employers need to take into account the tests used by different federal...more

BCLP

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

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Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

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We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

Stinson LLP

Pay-for-Play: The Status of College Athletes as Employees

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In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Cooley LLP

US Employment Law Summary for New or Emerging Businesses and Foreign Entrants to US Employment

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Foreign companies hiring employees in the US frequently overlook some of the fundamental US employment law requirements surrounding the employment relationship. Here you will find a general guide to some of the key US...more

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