Latest "Labor & Employment" Category Blog Posts

• Blog: Labor & Employment
  Blog: Traditional Labor
  Blog: Employment Advice & Counseling
  Date: March 24, 2023 Title: Still Waiting: DOL Expected to Issue Final Rule on Independent Contractor Classification in May 2023
  Summary: 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. ...
• Blog: Labor & Employment
  Blog: Executive Compensation & Employee Benefits
  Blog: Employment Advice & Counseling
  Blog: Traditional Labor
  Date: February 28, 2023 Title: Lewis Brisbois’ 2022 State Labor & Employment Year End Reviews
  Summary: 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....
• Blog: OSHA Safety & Health
  Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Blog: Executive Compensation & Employee Benefits
  Blog: Traditional Labor
  Date: February 13, 2023 Title: Third Circuit: No OSHA Investigation? No OSHA Litigation
  Summary: 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. ...
• Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Blog: Traditional Labor
  Blog: ADA Compliance & Defense
  Date: January 26, 2023 Title: New Federal Laws Enacted Through Consolidated Appropriations Act of 2023 Strengthen Workplace Protections for Pregnant and Nursing Employees
  Summary: The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) were enacted through the Consolidated Appropriations Act of 2023. Together, these two Acts establish enhanced protections for childrearing employees and impose additional obligations on employers....
• Blog: Labor & Employment
  Blog: Executive Compensation & Employee Benefits
  Blog: Employment Advice & Counseling
  Blog: Traditional Labor
  Date: January 19, 2023 Title: The New Mexico Healthy Workplaces Act: An Overview
  Summary: Under the New Mexico Healthy Workplaces Act (NM HWA), which went into effect on July 1, 2022, employers in New Mexico are now required to provide paid sick leave to all employees, whether full-time, part-time, seasonal, or temporary, hourly and salaried (exempt or non-exempt), at the employee’s usual hourly rate. This post provides an overview of this Act....
• Blog: Labor & Employment
  Blog: Executive Compensation & Employee Benefits
  Blog: Employment Advice & Counseling
  Date: January 18, 2023 Title: Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases
  Summary: 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....
• Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Blog: Executive Compensation & Employee Benefits
  Blog: Traditional Labor
  Date: January 11, 2023 Title: City of Gainesville Becomes First Florida City to Pass Ordinance Limiting Private Employers’ Use of Criminal Histories in Hiring, Employment
  Summary: On December 22, 2022, the City of Gainesville, Florida passed the Fair Chance Hiring Ordinance (Ordinance No. 2022-617). The ordinance prohibits employers with 15 or more employees from asking any questions regarding an applicant’s criminal history in the application process. ...
• Blog: Labor & Employment
  Blog: Trade Secrets & Non-Compete Disputes
  Blog: Employment Advice & Counseling
  Blog: Executive Compensation & Employee Benefits
  Blog: Traditional Labor
  Date: January 06, 2023 Title: Federal Trade Commission Cracks Down on Non-Compete Agreements
  Summary: In three separate actions and with a recent proposed rulemaking, the Federal Trade Commission (FTC) challenged the use and enforceability of non-compete agreements (NCAs). First, the FTC took action against three separate companies with regard to their use of NCAs. Generally, the FTC complained that the NCAs used were overly broad, applied to lower wage and unskilled workers, and were used in concentrated markets. ...
• Blog: Labor & Employment
  Blog: Employment Advice & Counseling
  Blog: Executive Compensation & Employee Benefits
  Blog: New York Labor Law
  Blog: Traditional Labor
  Date: January 04, 2023 Title: New York Employers May Not Penalize Employees for Lawful Absences
  Summary: 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. ...
• Blog: Labor & Employment
  Blog: Wage & Hour Class Actions
  Blog: Executive Compensation & Employee Benefits
  Blog: Employment Advice & Counseling
  Blog: Traditional Labor
  Date: December 21, 2022 Title: Can I Arbitrate Private Attorneys General Act Claims in California?
  Summary: 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....