News & Analysis as of November 15, 2024

Fair Labor Standards Act (FLSA)

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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

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

Court Vacates New NLRB Joint Employer Rule

BakerHostetler on 3/12/2024

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more

Beltway Buzz - March 2024 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2024

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

Beltway Buzz - January 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/15/2024

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

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

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

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

Pay-for-Play: The Status of College Athletes as Employees

Stinson LLP on 4/19/2023

In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

The Labor Law Insider: Joint Employer Standard Changes: Beware, Part I

Husch Blackwell LLP on 10/21/2022

Husch Blackwell's Tom Godar of the Labor Law Insider welcomes two new experts as they discuss the shifting standards for joint employer status and the significant impact they can have upon employers, both union and...more

NLRB’s Newly-Proposed Joint-Employer Standard Puts Employers on Notice

Mintz - Employment Viewpoints on 9/19/2022

The National Labor Relations Board (“NLRB”) has issued a notice of proposed rulemaking, which would significantly alter the standard to determine who is a “joint employer” under the National Labor Relations Act (“NLRA”). The...more

National Labor Relations Board Proposes Expansive New Rule For Joint Employment Status

Smith Debnam Narron Drake Saintsing & Myers,... on 9/12/2022

It has been the source of speculation for some time that the standard for determining whether entities that have a business relationship are deemed for labor enforcement purposes to be joint employers will soon be revised. On...more

Looking back at 2021 and ahead to 2022

Constangy, Brooks, Smith & Prophete, LLP on 2/23/2022

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022....more

Beltway Buzz - July 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/2/2021

Last Week Today - Here is a quick rundown of some of the labor and employment policy developments we missed last week while at Workplace Strategies in Austin, Texas (be sure to join us next year for the program at the...more

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/21/2021

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

Beltway Buzz - March 2021 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/15/2021

Biden Signs Sixth COVID-19 Aid Package Into Law. President Joe Biden promised the country an enormous economic rescue plan, and he delivered. On March 11, 2021, President Biden signed into law the American Rescue Plan Act of...more

2021: The Year Ahead For Employers

Jackson Lewis P.C. on 1/13/2021

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on 1/12/2021

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

Franchising On The Precipice: Unknowns In Transition

Fox Rothschild LLP on 12/9/2020

Change is coming, but will it be a welcome change or a harbinger of woe? Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more

Seyfarth Policy Matters Newsletter - December 2020

Seyfarth Shaw LLP on 12/8/2020

The NLRB Will Look, And Act, Much Differently Under A Biden Administration. Joe Biden has reiterated, again and again, that supporting organized labor will sit atop his agenda. The board is currently operating with a vacant...more

Battle Continues Over Joint-Employment Standards That Affect Franchising

Polsinelli on 12/4/2020

Despite recent setbacks, the U.S. Department of Labor (“DOL”) is continuing its efforts to clarify the standard for finding two separate entities to be “joint employers” under the Fair Labor Standards Act (“FLSA”). Under the...more

Employment Flash - October 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 10/16/2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Court Strikes Down DOL “Joint Employer” Test For FLSA Cases

Vinson & Elkins LLP on 9/17/2020

Earlier in 2020, we discussed the Department of Labor’s (“DOL”) four-factor test for determining whether an entity could be considered a “joint employer” of an individual even if it is not the entity that payrolls that...more

Beltway Buzz - September 2020 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2020

“Skinny” Coronavirus Package Blocked. Congress returned to Washington, D.C., this week following an August recess, but didn’t do much to move the ball forward on pressing issues such as coronavirus relief, postal service aid,...more

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National Labor Relations Board › Joint Employers › Fair Labor Standards Act (FLSA)

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