On August 25, 2023, the National Labor Relations Board (NLRB) released its long anticipated decision in the Cemex Construction Materials Pacific case (See NLRB Case No. 28-CA-230115). Central to the Cemex case was the question of managing election procedures amidst allegations of unfair labor practices committed by an employer during the “critical period” – the…
On August 25, 2023, the National Labor Relations Board (NLRB) delivered its decision in the case of Cemex Construction Materials Pacific LLC (Cemex), NLRB Case No. 28-CA-230115. This ruling marked a significant turnaround from previously established law, altering the dynamics for unions seeking representation. Prior to the Cemex decision, when a union sought representation and…
In what marks a significant development for temporary workers in New Jersey, the state has released proposed regulations reinforcing the “Temporary Workers’ Bill of Rights.” As reported earlier, Governor Phil Murphy in February approved the landmark bill that sets forth several fresh labor and employment protections for the state’s over 125,000 temporary workers. The new…
In a significant legal decision that may have far-reaching implications, a Texas District Court has declared the state’s preemption law unconstitutional. The contentious law, which has been caught in an ongoing legal battle, pertains to the state’s attempt to nullify local enactments on employment and other matters that contradict or exceed the provisions of state…
Keeping pace with the ever-evolving landscape of labor and employment law is no small task, particularly given the swift pace at which changes are implemented. In an era where adaptability is paramount, it is critical for legal professionals to remain updated on recent developments, and to create action plans that ensure compliance. Taking into consideration…
Good news for corporate legal departments across the United States: the Equal Employment Opportunity (EEO-1) report deadline for 2022 has officially been announced. Data collection will begin on Tuesday, October 31, 2023, and employers will have until Tuesday, December 5, 2023, to file their reports, according to a recent announcement by Jackson Lewis P.C. Many…
September’s Beltway Buzz is dominated by an important development in labor and employment law. On August 30, 2023, the U.S. Department of Labor (DOL) revealed it would issue a notice of proposed rulemaking to change the regulations that implement the overtime provisions of the Fair Labor Standards Act (FLSA). This move represents another shift in…
The dynamic professional landscape requires a blend of endurance and determination, especially when managing people. It’s all too easy to derail from the main track. Thus, we all need a coach or pointer that helps us maintain our focus on the ultimate goal—a working environment that’s mutually beneficial for employees and the organization. This essential…
On August 30, 2023, the U.S. Department of Labor (DOL) issued proposed regulations signalling its interest once again in increasing the minimum salary requirements for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemptions. The proposed legislation, if implemented, can potentially impact the employment and compliance capabilities of corporations and law firms nationwide. Regulation over…
Celebrating its 42nd edition, the much-anticipated Annual Labor & Employment Seminars is set to be held on October 27th, in Roanoke, Virginia. Driven by a mission to foster a better workplace, the event recognizes that managing people can be challenging and it’s not uncommon for setbacks to occur. This event helps steer leaders back to…
The renowned Woods Rogers Vandeventer Black law firm is hosting its 42nd annual Labor & Employment seminars. The law firm prides itself on offering a conducive environment for the exchange of knowledge and information related to labor and employment law. “Back on Track” is set to take place on October 26th in Charlottesville, VA. The…
In the world of labor and employment law, training and resources are key to keeping ongoing issues manageable and to ensure a workplace is both good for employees and beneficial for business. The 42nd Annual Labor & Employment Seminars, scheduled for October 25th in Lynchburg, VA, have gained recognition for bridging this knowledge gap. The…
The 42nd Annual Labor & Employment Seminars are scheduled to take place on October 18th in Norfolk, VA. With the tagline “Back on Track”, the focus of the event is on reinvigorating the workplace following the trials of recent turbulent years. Assembling a high-performance workplace requires persistent resilience and tenacity, especially in a climate where…
The U.S. Department of Labor (DOL) proposed new rules on August 30, 2023, signaling a substantial change in overtime pay requirements. The proposed regulations aim to adjust the salary threshold level indispensable to exempt certain employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay stipulations. The potentially transformative proposal would almost…
The accelerated pace of news stories throughout the summer has meant that major events may have slipped through the purview of even the most diligent still on duty. Whether you took time off for rest or to manage the paradoxical workload of 2023, here’s a quick recap of some significant legal news posts you might…
Last week saw the National Labor Relations Board (“Board”) introduce impactful changes that may alter the landscape for Unions seeking recognition of most private sector employees in the U.S. These newly implemented rules, as reported by JDSupra, carry notable implications for employers, largely favoring unions and facilitating their attempts to gain a certified bargaining representative…
Driven by changing policies at the National Labor Relations Board (NLRB) that favor the expansion of union activity, the landscape of employee rights and labor relations for major corporations and law firms continues to shift dramatically. The NLRB, under a current democratic majority, has issued new regulations rolling back several Trump-era changes that had previously…
In an important legal shift, the Fifth Circuit Court has expanded the interpretation of potential discrimination claims under Title VII in its recent ruling on Hamilton et al. v. Dallas County. The ruling on August 18, 2023, addresses what was previously seen as an “interpretive incongruity,” altering nearly 30 years of Title VII disparate treatment…
In a recent ruling, the National Labor Relations Board (NLRB) has made it significantly easier for employees to achieve union representation without necessitating an election. This decision marks a significant change in the legal landscape for union avoidance, at a time when union organizing is witnessing a resurgence. The landmark decision came down on Friday,…
In a recent decision from the Fifth Circuit Court of Appeals in the case of Hamilton v. Dallas County, a significant change was established regarding the standard for pleading Title VII claims. The court’s ruling determined that plaintiffs no longer need to articulate an “ultimate employment decision” before alleging a claim for disparate treatment under…
In 2014, a remarkable controversy unfolded within the corporate world of Jimmy John’s, a popular sandwich franchise. An employee divulged the existence of a non-compete agreement that all employees had to sign, regardless of their position within the company hierarchy. This included everyone from store-level employees such as sandwich creators and delivery drivers to those…
As the winds of change continue to sweep across the legal landscape vis-a-vis labor and employment regulations, corporate legal professionals need to stay ahead. The most recent example of this evolving landscape is the amendment to the Illinois Equal Pay Act. Notably, Illinois Gov. J.B. Pritzker signed this modification, which will come into effect from…
In a notable evolution of labor laws, the National Labor Relations Board (NLRB) has put forth a Final Rule altering union election processes. Known colloquially as “Ambush” or “Quickie” elections, this recent regulation appears to be significantly more union-friendly. The issuing of this Final Rule on August 24, 2023, underlines the continuance of an evolving…
In the arena of labor and employment law, recent developments have given rise to contentious debates on the potential repercussions and new interpretations of a union’s “request for recognition”. This subject isn’t simply a discussion point of theoretical importance; it has considerable practical implications for legal professionals advising businesses globally and shaping their labor relations…
Littler Mendelson, an esteemed American law firm specializing in labor and employment law, has recently announced a new addition to their team. Mattheus Stephens has joined the firm as a shareholder in their San Diego, California office, as reported on Monday. Previously associated with Schor Vogelzang & Chung, Stephens brings a wealth of experience with…