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How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

DOL to Seek Liquidated Damages in Pre-Litigation Settlements

In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more

DOL Issues Opinion Letter on Compensability of Travel Time for Teleworkers

On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more

NLRB General Counsel Makes it Easier to Attack Neutrality Agreements

A “neutrality agreement” is generally one in which an employer agrees neither to assist nor oppose a union organizing campaign. In practice, though, some agreements require the employer’s active support. Not only that, but...more

DOL Opines That Weekly Hours Do Not Have to Fluctuate Above and Below 40 Hours to Qualify for the Fluctuating Workweek Overtime...

The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more

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