Earlier this month, the U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a sexual orientation discrimination claim brought by a heterosexual woman who was removed from her position and denied a promotion in...more
On September 6, 2023, New York Governor Kathy Hochul signed legislation prohibiting employers from disciplining employees who choose not to attend captive audience meetings. Enactment of this legislation comes as no surprise,...more
On October 1, 2022, a federal judge in the Northern District of Texas ruled Equal Employment Opportunity Commission (EEOC) guidance, directed at protections for LGBTQ+ employees in general workplace policies, was...more
On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more
6/23/2021
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Proposed Rules ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more
2/23/2021
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Department of Labor (DOL) ,
Economic Realities Test ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Rescission ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more
Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era...more
12/16/2019
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Ambush Election Rules ,
Browning-Ferris Industries of California Inc. ,
Corporate Counsel ,
Franchisee ,
Franchises ,
Joint Employers ,
McDonalds ,
Minimum Wage ,
NLRB ,
Settlement ,
Union Elections ,
Wage and Hour
Last week, on November 7 at the American Bar Association’s annual labor and employment law conference, the National Labor Relations Board (“NLRB”) provided a glimpse into its upcoming intentions when discussing a planned...more
On September 9, 2019, the National Labor Relations Board (“NLRB”) continued its recent wave of activity in Boeing, 368 NLRB No. 67 (Sep. 9, 2019), by reaffirming its December 2017 decision in PCC Structurals, 355 NLRB No. 160...more
The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more
The National Labor Relations Board (“NLRB”) recently determined in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), that a new framework was required to analyze employees’ representation wishes when an employer...more
The National Labor Relations Board released a series of advice memoranda this week, two of which applied the new Boeing test to determine if a company rule or policy unlawfully restricts employees’ Section 7 right to engage...more
3/20/2019
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Corporate Counsel ,
Employment Policies ,
Facebook ,
Logos ,
NLRA ,
NLRB ,
Policy Memorandums ,
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Unions ,
Workplace Attire
DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors
In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the...more
On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly...more