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The National Labor Relations Act › Wage and Hour › Fair Labor Standards Act (FLSA)

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
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

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

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

Gould + Ratner LLP

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

Gould + Ratner LLP on

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

DarrowEverett LLP on

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

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

Venable LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Ward and Smith, P.A.

Stronger Together: Labor and Employment Update

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In a seminar focused on recent updates to labor and employment laws, Will Oden, of Ward and Smith’s labor and employment practice group, provided an overview of employee and independent contractor classification guidelines,...more

Constangy, Brooks, Smith & Prophete, LLP

Where do the presidents rank on employment law?

Constangy, Brooks, Smith & Prophete, LLP on

In other words, which presidents can we -- ahem -- blame? George and Abe say, "Don't look at us." Just kidding. In honor of President's Day, I thought it might be fun to review which presidents were responsible for the...more

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

Beltway Buzz - October 2022 #4

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

DOL Extends IC Proposal Comment Period. On October 25, 2022, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced an extension of the public comment period for its proposal to amend the independent contractor...more

Jackson Lewis P.C.

FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

Jackson Lewis P.C. on

Does a plaintiff’s allegation, that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class...more

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

Brooks Pierce on

Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #2

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Jackson Lewis P.C.

DOL Withdrawal of Trump-Era Independent Contractor Final Rule Unlawful, Court Rules

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) unlawfully delayed and then withdrew the Independent Contractor (IC) Final Rule, published in the waning days of the Trump Administration, a federal court in Texas has held. Coalition for...more

Akin Gump Strauss Hauer & Feld LLP

The COVID-19 Vaccine Rollout: What Employers Need to Know

Akin Gump Strauss Hauer & Feld LLP on

Key Points: - Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands. - Now is the time for employers to think through issues raised by employee vaccination...more

DirectEmployers Association

OFCCP Week In Review: March 2021 #3

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

ArentFox Schiff

What Can Employers Expect From the Biden Administration?

ArentFox Schiff on

In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean. Executive Order 13950 - As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more

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

Beltway Buzz - October 2020 #5

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

Election 2020: Patience Required. Voting in the 2020 elections wraps up in just four days, on November 3, 2020. However, due to many tight races and the unprecedented volume of mail-in ballots (and states’ differing rules on...more

Vinson & Elkins LLP

Court Strikes Down DOL “Joint Employer” Test For FLSA Cases

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Earlier in 2020, we discussed the Department of Labor’s (“DOL”) four-factor test for determining whether an entity could be considered a “joint employer” of an individual even if it is not the entity that payrolls that...more

DirectEmployers Association

OFCCP Week In Review: July 2020 #4

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Seyfarth Shaw LLP

Business Travel in the Age of COVID-19: Underlying Law, Practical Considerations, and Best Practices

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In the world before the COVID-19 pandemic, business travel was a critical function for countless employees in a wide range of industries.  Since the onset of the pandemic, and the attendant changes to otherwise normal...more

Gray Reed

What Does a Furlough Mean to My Employees?

Gray Reed on

When restaurants were ordered to shutter – and before PPP – Ernest Bux’s sister Cookie Bux who owns Beef O’Bux Restaurants was in a bind. Should she lay off or furlough employees who were showing up for work to her empty...more

Fisher Phillips

The Top Non-COVID Workplace Law Stories You May Have Missed: May 2020

Fisher Phillips on

While you have been primarily focused on COVID-19-related matters for the past few months, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there...more

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