The National Labor Relations Board (NLRB) recently issued its Final Rule regarding what constitutes joint-employer status under the National Labor Relations Act. This new regulation in employment law supersedes the more rigid 2020 standard, significantly altering the required level of control over employees to establish a joint-employer relationship. The association between legal firm Bradley Arant…
Legal professionals across the world’s largest corporations and law firms should take notice of a recent Eastern District of Pennsylvania decision highlighting the importance of consulting with employment and labor lawyers regarding wage and hour legalities. The consequences for failing to make reasonable efforts to comply with Fair Labor Standards Act (FLSA) violations can double…
In a move that promises to shape the labor landscape in the near future, Michigan’s reaffirmed Prevailing Wage Law, reintroduced and signed into law by Governor Whitmer on March 24, 2023, is set to come into effect in March of 2024. The law, dubbed the “Act”, establishes a required wage for work on state-funded construction…
In 2020, New York City adjusted its Earned Safe and Sick Time Act (ESSTA) to align with New York state’s paid sick leave law and to shed light on various notice and enforcement provisions. Following these amendments, on October 15, 2023, the NYC Department of Consumer and Worker Protection adopted new rules that align with…
Legal professionals should be aware of recent updates to labor and employment laws in New York State and New York City set to take effect in 2023. These amendments have significant implications for employers, requiring revisions to existing policies and procedures to ensure compliance. Vedder Price, a notable law firm, provided further confirmation on the…
Upon the conclusion of the 2023 California legislative year, several new laws were enacted that have serious implications for businesses operating within the state. The following piece summarizes the legislation that has arguably attracted the most attention: labor and employment law. The goal is to provide a succinct and precise overview for legal professionals handling…
The legal landscape of antitrust enforcement relating to labor and employment has witnessed significant developments in 2023. These progressions were largely championed by the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC). Together, these institutions are launching proactive measures to tackle potential antitrust violations, morphing their roles from regulatory agencies to antitrust enforcers….
Introducing the latest weekly installment of ‘Beltway Buzz’ where we aim to provide a succinct summary of pertinent labor and employment news emerging from the heart of Washington D.C. This week our focus gravitates towards the recent shake-up in the House of Representatives. While we anticipated discussing the election of a fresh Speaker of the…
Data from the National Labor Relations Board’s (NLRB) recently released case filing data for Fiscal Year (FY) 2023 indicates a continuous uptrend for both unfair labor practice charges and elections. These insights should command attention from legal teams with labor and employment matters within big corporations and major law firms. According to information made available…
On legislation front in New York, an important privacy law has been recently signed which significantly impacts employers and employees alike. Governor Kathy Hochul signed a legislation which restricts employers from accessing the personal social media accounts of their employees and prospective employees. According to the report by Ogletree, Deakins, Nash, Smoak & Stewart, this…
As we approach the end of 2023, legal professionals and employers must be prepared to navigate the new California employment laws and other significant developments set to take effect in 2024. In response to this, CDF Partners Mark S. Spring and Desiree J. Ho will be hosting a complimentary webinar on November 28th, titled “New…
In a recent unexpected decision, a judge has issued the first post-Cemex bargaining order, despite the employer having won the union election. This decision, it seems, has been significantly influenced by the Cemex Construction Materials Pacific, LLC ruling, which has led to a dramatic alteration in the norm that used to dictate the issuance of…
Kilpatrick Townsend attorneys Chris Caiaccio and Drew Williamson recently gave an enlightening presentation at the “Kilpatrick Townsend Retail and Consumer Goods Summit”. This summit was designed to showcase members of the firm’s Retail and Consumer Goods Industry Team who spearheaded discussions about current issues that were impacting retailers, consumer goods manufacturers, and suppliers within the…
Global labor and employment law firm Littler Mendelson has recently announced the addition of three new counsel members to their Asia-Pacific (APAC) regional office in Singapore. The new additions are Soowon Hong, Betty Lee, and Shiau Sang Tee. The firm disclosed the news in a statement on Monday. Soowon Hong, the former managing partner at…
In the October 2023 installment of The Learned Concierge, legal insights pertaining to the Retail, Hospitality, and Food & Beverage Industries are explored. This month’s focus shifts towards areas of labor and employment, specifically addressing concerns related to child labor compliance and the termed “Hot Goods”. Contrary to the prevailing belief that child labor abuses…
The United States Senate has recently confirmed Karla Gilbride as the new General Counsel for the Equal Employment Opportunity Commission (EEOC), filling a role that remained vacant for roughly two and a half years. This confirmation comes during a period where new case filings are on the rise. As reported by JD Supra, Karla Gilbride…
The Eleventh Circuit Court of Appeals has recently upheld an employer’s refusal of a request for leave under the Family and Medical Leave Act (FMLA). This decision has implications for any business which falls under the FMLA’s jurisdiction, primarily those with over 50 employees. The case in question was Kadribasic v. Wal-Mart, Inc. In an…
In the second installment of their October 2023 edition, JD Supra provides their renowned and respected Beltway Buzz. This is not just another labor and employment news summary, it takes a deep dive into the intricacies of legal developments from inside the Beltway and helps clarify the implication of these changes for businesses. This update…
In a significant move for healthcare workers in California, a state-wide minimum wage has been established, which will be phased in over time. On October 13, 2023, Governor Newsom approved Senate Bill (SB) 525, bringing in a multi-tiered statewide minimum wage schedule specifically for health care workers employed by certain covered healthcare facilities. The differing…
Recent data indicates Florida as a notable hotspot for employment discrimination claims and other employment related lawsuits. Under federal and state laws, employers are mandated to remunerate their employees for the hours put in at work, while also adhering to anti-discrimination regulations against employees and job applicants. Regardless, each year sees tens of thousands of…
In an evolving interpretation of the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Seventh Circuit recently held that an employer can impose conditions on pay for pre- or post-shift activities that are not compensable under FLSA, provided that this policy pertains to a contract or custom adopted by the employer….
In today’s legal news, Kathryn D’Angelo, the top legal counsel for Buffalo Bills, was terminated from her position after engaging in a relationship with John Roth, the team’s chief operating officer and executive vice president. The legitimacy of D’Angelo’s removal lies in her direct reporting line to Bills and Sabres owner Terry Pegula. While Roth…
The U.S. Department of Labor’s Wage and Hour Division issued a Field Assistance Bulletin No. 2023-3 (FAB) on August 31, 2023, geared towards providing guidance to field staff regarding the prohibition of the shipment of so-called “hot goods”. This proviso, found in Section 212(a) of the Fair Labor Standards Act (FLSA), is a critical tool…
As we approach the open enrollment period, HR teams are often faced with a storm of inquiries, evolving benefits offerings, and administrative challenges. Typically spanning two to four weeks every year, the open enrollment period is the critical window during which employees are allowed to update or alter their benefit selections, including health, dental, vision,…
In an interesting development in labor law, employers in California are required to immediately pay out any accrued and unused vacation time to their employees when they are temporarily laid off. This is according to recent interpretation of the California Labor Code section 201(a). As per California Labor Code section 201(a), when an employer “discharges”…