Some cannabis workers in recent months have grown weary of their unions and have voted the unions out – or, in labor terms, “decertified” them. This has happened in two different Cresco Labs facilities. The first occurred at...more
On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule increasing the salary thresholds for the Fair Labor Standards Act’s (FLSA) overtime exemptions for executive, administrative, professional, and...more
4/26/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
As we previously blogged, “agricultural employees” are excluded from coverage under the federal National Labor Relations Act, which governs unionization. The National Labor Relations Board’s Division of Advice (which...more
1/28/2021
/ Agricultural Workers ,
Biden Administration ,
Cannabis-Related Businesses (CRBs) ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Marijuana Cultivation ,
NLRA ,
NLRB ,
State and Local Government ,
Unions
On December 22, 2020, the U.S. Department of Labor (DOL) issued a final rule revising certain regulations under the Fair Labor Standards Act (FLSA) related to tipped employees. However, because of the timing of the new rule,...more
12/30/2020
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Minimum Wage ,
New Rules ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
In a recent decision, the Regional Director of the National Labor Relations Board (NLRB) for Region 1 (covering most of New England) found that a majority of employees of a cannabis cultivation and processing facility were...more
On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more
Spurred by the uptick in remote work due to the ongoing COVID-19 pandemic, the U.S. Department of Labor ("DOL") recently issued a new Field Assistance Bulletin clarifying employers’ obligations to pay hourly, non-exempt...more
Since the beginning of the COVID-19 pandemic, U.S. employers have struggled with how to address the unanticipated ramifications of the pandemic while at the same time meeting their obligations under federal labor law. ...more
8/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Hazard Pay ,
Layoffs ,
NLRB ,
Paid Leave ,
Retaliation ,
Sick Leave ,
Unfair Labor Practices ,
Unions ,
Wrongful Termination
On July 21, 2020, the National Labor Relations Board simplified its legal standard for determining whether an employer violates the National Labor Relations Act when it disciplines employees for engaging in abusive conduct...more
As businesses across the country move toward re-opening in the midst of the COVID-19 pandemic, the Equal Employment Opportunity Commission (“EEOC”) continues to provide updates to its guidance to employers relating to...more
In Massachusetts, a commission is a wage subject to the Wage Act when the amount of the commission “has been definitely determined and has become due and payable.” Accordingly, an employer’s failure to pay a commission which...more
Last week, the U.S. Department of Labor (DOL) released the final version of its new “joint employer” rule. The rule limits the scenarios in which businesses will be treated as joint employers under the Fair Labor Standards...more
With its sole Democratic member’s term expiring as of December 16, 2019, the National Labor Relations Board issued a flurry of decisions this week in advance of her departure, including two decisions rolling back Obama-era...more
In 2014, the Obama-era National Labor Relations Board made over two dozen changes to the union election rules that effectively shortened the time period between the filing of the petition and the election and limited the...more
New Ruling Makes It Easier for Employers to Introduce Workplace Changes During Term of Collective Bargaining Agreement -
On September 10, 2019, in MV Transportation, Inc., Case No. 28-CA-173726, the National Labor...more
On January 25, 2019, the National Labor Relations Board issued a decision revising the test for independent contractor status under federal labor law. In SuperShuttle DFW, Inc., the Board ruled that the test for determining...more
Last week, the Massachusetts Supreme Judicial Court (“SJC”) resolved a contested issue under the Massachusetts Wage Act, ruling that successful Wage Act plaintiffs are entitled to prejudgment interest on the unpaid wages and...more
Earlier this month, New York City Mayor Bill de Blasio signed a bill prohibiting employers from asking job candidates about their salary history. The new law will go into effect on October 31, 2017....more
In a recent decision, a Massachusetts Superior Court judge clarified the standard for determining whether employers must pay employees for time spent on meal breaks under Massachusetts law. In Devito v. Longwood Security...more
The Massachusetts Wage Act automatically entitles an employee who proves an unlawful failure to pay wages to treble damages. On June 18, 2015, however, a Massachusetts Superior Court judge ruled in Littlefield v. Adcole...more
As promised earlier this summer, on July 15, 2015, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an “Administrator’s Interpretation” (AI) regarding when individuals are misclassified as independent...more