Tag: labor law
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UPDATE: Dartmouth Union Election Results Certified Posted on: March 14, 2024 In: Sports Law Read more »
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Dartmouth Athletes Vote To Unionize: Now the Legal Challenges Begin Posted on: March 07, 2024 In: Sports LawIn a historic moment for college athletics, Dartmouth College (“Dartmouth” or “the College”) men’s basketball team voted 13-2 to unionize and become members of the Service Employees International Union (“SEIU”), Local 560. The vote was held following the Decision and Direction of Election issued by National Labor Relations Board (“NLRB” or “Board”) Regional Director for Region 1, Laura A. Sacks
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New York City Creates a Private Right of Action Under the Earned Safe and Sick Time Act Posted on: February 12, 2024 In: Labor & Employment Read more »
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Navigating California Labor Code 132a Claims Posted on: January 26, 2024 In: Labor & Employment Read more »
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States’ Antitrust Action Against the NCAA Expands With Addition Of the Justice Department and More States Posted on: January 21, 2024 Read more »
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New York State Imposes Limitations on Penalties for Breaches of Agreements Settling Employment Disputes Posted on: December 04, 2023 In: Labor & Employment Read more »
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Changing Gear: The Third Circuit Adopts A Multi-Factor Test for Determining When Donning/Doffing Are Compensable Under the FLSA Posted on: September 20, 2023 Read more »
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DOL Proposes Overhaul of Salary Thresholds for Exempt Employees Posted on: August 31, 2023 In: Labor & Employment Read more »
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Still Waiting: DOL Expected to Issue Final Rule on Independent Contractor Classification in May 2023 Posted on: March 24, 2023 In: Labor & EmploymentLast year, the Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding its present guidance on the classification of independent contractors. The Proposed Rule rescinds the 2021 Independent Contractor Rule, Independent Contractor Status Under the Fair Labor Standards Act, published in January 2021, and contains general interpretations for determining worker status.
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Lewis Brisbois’ 2022 State Labor & Employment Year End Reviews Posted on: February 28, 2023 In: Labor & EmploymentEach year, Lewis Brisbois’ Labor & Employment attorneys review the past year’s major legislative and caselaw developments related to labor and employment law in their respective states. This post features a list with links to these 17 alerts, covering 31 Lewis Brisbois offices across 18 states and the District of Columbia, published between December 22, 2022 and February 14, 2023.
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Third Circuit: No OSHA Investigation? No OSHA Litigation Posted on: February 13, 2023 In: Labor & EmploymentIn a matter of first impression, the Court of Appeals for the Third Circuit recently confirmed that the Occupational Safety and Health Act of 1970 (OSH Act) mandates the dismissal of an employee’s action against the Secretary of Labor once the Department of Labor has completed its standard enforcement proceedings.
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Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases Posted on: January 18, 2023 In: Labor & EmploymentThe Third Circuit Court of Appeals, in O’Brien v. The Middle East Forum, et al., No. 2102646 (3d Cir. Jan. 5, 2023), narrowed the Ellerth-Faragher affirmative defense in hostile work environment cases. The Third Circuit held that an employer cannot raise this affirmative defense if the harasser functions as the employer’s “proxy” or “alter ego.” Instead, an employer is strictly liable for harassment perpetrated by its proxy or alter ego.
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