News & Analysis as of September 20, 2024

Wage and Hour

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on 7/30/2024

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

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

Troutman Pepper on 7/23/2024

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

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

Ballard Spahr LLP on 7/18/2024

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

Beltway Buzz - May 2024 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/28/2024

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

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

Brownstein Hyatt Farber Schreck on 4/19/2024

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if...more

MLB and Players Union pursue exemptions from state wage-hour laws

Constangy, Brooks, Smith & Prophete, LLP on 2/27/2024

The players say, “No thanks.” Florida and California are seen as polar opposites when it comes to policy and lawmaking. However, there is at least one thing they seem to agree on – minor league baseball players should be...more

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

Epstein Becker & Green on 1/31/2024

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

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

BakerHostetler on 1/3/2024

When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

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

Kilpatrick on 12/20/2023

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

Employers Take Note – Ignoring a Federal Agency Is a Great Way to Get Into Big Trouble

Sherman & Howard L.L.C. on 12/5/2023

When the United States Department of Labor (“DOL”) requests documents during a Fair Labor Standards Act (“FLSA”) investigation, compliance is not optional. Indeed, if an employer drags its feet long enough, and repeatedly...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Essentials for Maintaining Employee Handbooks, Including the Latest Employment Law Updates

Haynsworth Sinkler Boyd, P.A. on 11/29/2023

While not legally required, having an employee handbook is in every company’s best interest. It serves as a tool to communicate policies, procedures, and company values, providing protection for employers when they are...more

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

Gould + Ratner LLP on 11/22/2023

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

NLRB Issues Final Rule for Joint-Employer Standard: What do Employers Need to Know?

Chartwell Law on 10/27/2023

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule establishing a new standard for joint-employer status: An entity is a joint employer of another entity’s employees if it maintains the...more

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

DarrowEverett LLP on 10/11/2023

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

Department of Labor Proposes Expanding Overtime Eligibility to Millions

Jackson Walker on 9/5/2023

You may soon be required to pay your salaried employees more. On August 30, 2023, the Department of Labor (DOL) issued a new proposed regulation that would raise the minimum salary required to invoke the commonly used...more

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on 9/5/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Beltway Buzz - September 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/5/2023

DOL Proposes Changes to Overtime Regulations. On August 30, 2023, the U.S. Department of Labor (DOL) announced that it would issue a notice of proposed rulemaking to amend the regulations implementing the overtime provisions...more

Policy Matters Newsletter - July 2023

Seyfarth Shaw LLP on 7/27/2023

After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Beltway Buzz - July 2023 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/17/2023

Congress Returns, Works on “Must Pass” Bills. Following their Fourth of July recess, members of the U.S. Congress returned to Washington, D.C., this week and turned their attention to several “must pass” pieces of...more

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

Venable LLP on 6/5/2023

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

Employment Flash - April 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 4/14/2023

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

Stronger Together: Labor and Employment Update

Ward and Smith, P.A. on 3/31/2023

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

Going By the Handbook Can Be Employer’s Best Defense

DarrowEverett LLP on 2/9/2023

Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and...more

Notable Labor and Employment Law Developments of 2022

Harris Beach PLLC on 1/4/2023

A Year in Review: Notable Labor and Employment Law Developments of 2022 - The year-end provides an opportune time to review some of the notable developments in the world of labor and employment law from this past year –...more

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

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