As we approach the end of the fiscal year, the federal contracting community finds itself once again under the shadow of a potential government shutdown. With federal funding set to dry up on September 30 and increasing tensions within the House, the likelihood of a shutdown is intensifying. In the face of such possible disruptions,…
In a recent wave of developments, the New York State Court of Appeals has upheld three decisions that unmistakably sway in favor of defendants in cases alleging violations of Section 240(1) of the New York State Labor Law. According to legal news reported by Kennedys on JD Supra, this shift in verdicts may signal significant…
New York City employers have been granted until October 15, 2023, to ensure conformity of their safe and sick leave policies with local law. As reported by Fox Rothschild LLP, this development is a result of the Final Rule issued on September 15, 2023, by the New York City Department of Consumer and Worker Protection (DCWP)….
Operating within the complexities of the Employee Retirement Income Security Act of 1974 (“ERISA”) can pose significant challenges for plan sponsors. Unlike traditional labor and employment considerations, ERISA’s fiduciary standards may appear more stringent for those involved in making corporate decisions. As ERISA has continued to broaden its reach, it could be argued that it…
In an effort to improve inter-agency coordination, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Wage Hour Division (WHD) have begun aligning their efforts, as evident in a recent Memorandum of Understanding between the two. This alliance is set to have significant implications on employers with a complexion of information sharing,…
An amendment to the California statewide paid sick leave law has passed in the legislature, which is expected to significantly enhance the existing mandate. This change, encapsulated in S.B. 616, is set to affect both the annual amount of qualifying paid sick leave and the total accrual cap. S.B. 616 intends to expand the annual…
On September 17, 2023, New York State will enforce a new law that adds to the growing trend towards salary transparency in American workplaces. This specific measure mandates certain level of salary disclosure in job advertisements, making New York state the latest addition to a list of at least 15 other states and localities, including…
When the Australian parliament passed the Anti-Discrimination and Human Rights Legislation bill late last year, it introduced an innovative requirement for employers termed as “Positive Duty”. According to the new provisions, employers are not only expected to respond to incidents of sexual harassment and discrimination at the workplace, but also take proactive steps towards preventing…
The 27th Annual Labor & Employment Seminar is set to take place on October 19th in Hoffman Estates, IL. The seminar, tailored exclusively for lawyers and human resources professionals, is an initiative by Hinshaw & Culbertson LLP. The annual seminar attracts participants from some of the world’s largest corporations and reputed law firms, offering them…
Employers using restrictive covenants, particularly noncompetition agreements, face potential liability due to a new law set to take effect in California on January 1, 2024. According to JD Supra, this law, Senate Bill 699, recently signed by Governor Newsom, may put employers at risk, even if an employee entered into such agreements outside California, in…
In a recent piece featured on Law.com, Office Managing Partner Lisa Kathumbi of Littler Mendelson, a renowned labor and employment law firm, shared insights into her professional journey, underscoring the notion of trusting the process. The article highlights how each moment and opportunity offers learning potentials, a theme central to Kathumbi’s career evolution and ascendance…
The U.S. Treasury Department and Internal Revenue Service (IRS) have recently issued proposed regulations concerning the prevailing wage and apprenticeship requirements per the Inflation Reduction Act of 2022. More details can be found here. The drafted regulations adopt the Department of Labor’s published rates for prevailing wages pertinent to the type of construction within the…
It is essential for all corporate legal professionals, specifically those in Colorado, to stay abreast with the latest regulatory modifications and interpretations. A crucial tool in this context are the INFO sheets disseminated by the Colorado Department of Labor and Employment (CDLE). These documents provide guidance on the CDLE’s interpretation of relevant labor and employment…
The U.S. Department of Labor (DOL) has recently issued a Notice of Proposed Rulemaking, a legislative move that could potentially see a significant increase in the minimum salary threshold required to qualify for the overtime exemptions for executive, administrative, and professional (EAP) workers under the Fair Labor Standards Act (FLSA). JD Supra reports that the…
The 2023 Labor & Employment Conference, set to take place on October 4th in Chicago, Illinois, presents an instructive program designed to assist both businesses and individuals stay informed, prepared and compliant with the latest developments in federal and Illinois labor and employment laws. Details were provided by Clark Hill PLC. The conference aims to…
The legal industry is preparing for another significant learning event. The annual Labor & Employment Seminar, organized by Sherman & Howard L.L.C., will take place on September 29, 2023, in Denver, Colorado. This seminar comes highly recommended not only for employers but also for HR professionals and inhouse counsel. Offering an excellent opportunity to learn…
On August 30, 2023, the U.S. Department of Labor (USDOL) introduced a proposed rule aimed at increasing the minimum weekly salary required to qualify for the Fair Labor Standards Act white collar exemptions. Currently fixed at $684 per week, the equivalent annual wage stands at $35,568. The proposed rule seeks to elevate this threshold to…
The U.S. Department of Labor (DOL) has drawn attention as it recently issued a Request for Information (RFI), asking for stakeholder input surrounding various regulatory issues tied to the SECURE 2.0 Act. The request, which took place on August 11, 2023, spans a range of topics, primarily focusing on the reporting and disclosure requirements under…
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…