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
7/17/2024
/ College Athletes ,
Colleges ,
Compensation ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
Right to Control ,
Universities
In October 2023, we wrote an alert detailing an amendment to New York's Penal Code that added wage theft as a means of committing criminal larceny. This amendment, along with the creation of a specialized Worker Protection...more
For years now, the tide of college athletics has been shifting toward student-athlete representation and empowerment. Now, in what might become a landmark decision, a regional director for the National Labor Relations Board...more
As any savvy employer will tell you, the start of the new year comes with new employee leave obligations. Effective January 1, 2024, employers across the country must comply with various new employee paid leave laws and...more
To celebrate Labor Day, Governor Kathy Hochul signed a series of bills on September 7 to strengthen protections for workers in New York. Below, we discuss these new developments....more
On May 3, 2023, New York Governor, Kathy Hochul, signed the state budget legislation which will incrementally increase the state's minimum wage. The increases will maintain the state's tiered approach, whereby New York City,...more
As we previously discussed, the Federal Trade Commission (FTC) has proposed a rule that, if enacted, would result in a nearly complete nationwide ban on employers' use of non-compete agreements. The rule has passed through...more
On February 22, 2023, the Supreme Court clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions...more
3/21/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Multi-Factor Test ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the Law). The Law amends §215 of the New York Labor Law (NYLL) to "clarif[y] that workers shall not be punished or subjected to...more
1/6/2023
/ Americans with Disabilities Act (ADA) ,
Discipline ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Paid Leave ,
Paid Sick Leave ,
Protected Activity ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On September 6, 2022, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking, which proposed a change to the standard for determining joint employer status under the National Labor Relations...more
Our Venable colleagues recently wrote on the proliferation of artificial intelligence in employer hiring practices and the Equal Employment Opportunity Commission's (EEOC) guidance relating to avoiding discriminating against...more