Latest Blogs

Tag: labor law

All Blog posts

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 »

Tags:
employment law, labor law, fair labor standards act, flsa
DOL Proposes Overhaul of Salary Thresholds for Exempt Employees Posted on: August 31, 2023 In: Labor & Employment
Read more »

Tags:
employment law, labor law, wage and hour, dol, department of labor, white collar
Still Waiting: DOL Expected to Issue Final Rule on Independent Contractor Classification in May 2023 Posted on: March 24, 2023 In: Labor & Employment
Last 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.
Read more »

Tags:
dol, independent contractors, flsa, employment law, labor law
Lewis Brisbois’ 2022 State Labor & Employment Year End Reviews Posted on: February 28, 2023 In: Labor & Employment
Each 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.
Read more »

Tags:
labor law, employment law, legislative alert, employers, human resources, payroll
Third Circuit: No OSHA Investigation? No OSHA Litigation Posted on: February 13, 2023 In: Labor & Employment
In 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.
Read more »

Tags:
osha, osh act, third circuit, workplace safety, labor law
Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases Posted on: January 18, 2023 In: Labor & Employment
The 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.
Read more »

Tags:
third circuit, ellerth-faragher, hostile work environment, employment law, labor law
New York Employers May Not Penalize Employees for Lawful Absences Posted on: January 04, 2023 In: Labor & Employment
As is seemingly customary at this point, New York employers cannot ease into the New Year and must instead revisit their employee handbooks due to a recent amendment to the New York Labor Law that takes effect February 19, 2023. The Lawful Absence Law amends Section 215 of the Labor Law to bar employers from disciplining employees who take legally protected time off from work.
Read more »

Tags:
new york, labor law, paid time off, ada, fmla, human resources
Can I Arbitrate Private Attorneys General Act Claims in California? Posted on: December 21, 2022 In: Labor & Employment
A common question California employers have is whether they can arbitrate wage and hour claims brought under the Private Attorneys General Act – commonly known as PAGA – in California. Until recently, the answer to that question has been a resounding “no” ever since a 2014 California Supreme Court case held that employers cannot make employees waive their rights to bring PAGA claims on a group-wide basis through an arbitration agreement.
Read more »

Tags:
california, paga, arbitration, wage and hour, employment law, labor law
NLRB Reclassification Efforts of Student-Athletes Moves Forward Posted on: December 16, 2022 In: Sports Law
The National Labor Relations Board’s Division of Advice has directed the Regional Director of NLRB Region 31 (the L.A. Regional office) to proceed with the issuance of a formal complaint arising from an unfair labor practice charge filed against the University of Southern California, the Pac-12 Conference, and the NCAA alleging that revenue-generating athletes are currently illegally misclassified as student-athletes rather than as employees pursuant to the National Labor Relations Act.
Read more »

Tags:
nlrb, ncaa, pac-12, student-athletes, employment law, labor law
Major League Baseball Players Association Makes Demand for Recognition on Behalf of Minor League Players to Major League Baseball Posted on: September 06, 2022 In: Sports Law
After rejecting overtures to expand their membership to include minor league players for years, the Major League Baseball Players Association has announced that it has secured the support of more than 50% of potentially eligible minor league players in an effort to help them become the newest members of the association. In less than two weeks, the MLBPA has secured the support of a majority of minor league players who have executed union authorization cards.
Read more »

Tags:
mlb, mlbpa, union, minor league, nlrb, labor law
Avoiding the BBQ Pit(falls) of the Company Summer Picnic Posted on: July 22, 2022 In: Labor & Employment
After two (or more) years of companies having to cancel the time-honored tradition of the company summer picnic and BBQ due to COVID-19 shutdowns and restrictions, both companies and their employees are eager to get back out in the summer weather and get together for water balloon fights and three-legged races. And while such celebrations are a welcome addition to the summer schedule, employers would be wise to keep in mind the following tips to ensure a safe, fun, and low-risk (legally speaking) event.
Read more »

Tags:
office events, employment law, labor law, covid-19, human resources
Sixth Circuit Partially Rejects NFL Players Association’s Preemption Argument, Allowing Some of Agent’s Claims to Proceed Posted on: July 14, 2022 In: Sports Law
In a direct challenge to the regulatory authority that Players Associations have historically maintained over the conduct of the agents that they oversee and certify, the U.S. Court of Appeals for the Sixth Circuit has ruled that three of five state law claims asserted by a certified agent against the NFL Players Association are not preempted by federal labor laws.
Read more »

Tags:
nfl, unions, nlra, labor law, appellate law

1
2
›