Category: Employment & Labor

January 22, 2024

The National Labor Relations Board once again issued a new Final Rule for determining joint-employer status under the National Labor Relations Act. The joint-employer analysis has significant implications for employers, as it determines when one entity can be held liable […]

January 18, 2024

The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement (PLA) requirement for contracts that meet the definition of federal “large-scale construction projects” that are estimated to cost the U.S. government at least […]

January 18, 2024

On January 9, 2024, the United States Department of Labor announced a final rule that provides both employers and employees with a better understanding as to when a worker may be classified as an independent contract under the Fair Labor […]

January 17, 2024

In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of Labor—requires New York […]

January 17, 2024

On January 10, 2024, the U.S. Department of Labor (“DOL”) unveiled the long-awaited Final Rule explaining when and how employers can qualify workers as independent contractors under federal law. The new Rule, which takes effect on March 11, 2024, restores […]

January 16, 2024

The EEOC recently published an article, Providing an Accessible Workplace, which while directed at federal agencies also includes important guidance for private employers as well. As the nation’s largest employer, the federal government must, under President Biden’s June 2021 Executive […]

January 12, 2024

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). Under its new Rule, independent […]

January 10, 2024

On January 9, 2024, the U.S. Department of Labor announced a new final rule revising the test for whether workers are considered to be employees versus independent contractors for purposes of the Fair Labor Standards Act. The rule was published […]

January 9, 2024

As usual, the transition from one year to the next brings several important changes for businesses and employees. 2024 is no different: here is a quick overview of the main changes, affecting both employment and social security areas, introduced by […]

January 8, 2024

Employment Plaintiff attorneys often include an “aiding and abetting” claim against the “deep pocket” employer when they sue for employment discrimination under the New Jersey Law Against Discrimination. This blog will focus on two issues: the legal elements of an […]

January 5, 2024

As we embark on the year 2024, California’s employment law landscape is poised to continue to present an unfriendly environment for employers. This article proffers some predictions for California employment law in 2024, examining potential legislation and emerging legal trends. […]

January 4, 2024

Under the Massachusetts prevailing wage law (and most prevailing wage laws around the country), construction contractors performing construction on state-funded construction projects are required to pay employees the prevailing wages set by the state for work on the project. In […]

January 4, 2024

You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month ago an unauthorized […]

January 3, 2024

Further Hiring Requirements for Private Employers A. Overview of Senate Bill 1718 (“SB1718”) Earlier this year, the State of Florida enacted a law that continues to have significant implications for employers across the Sunshine State. On May 10, 2023, Governor […]

January 3, 2024

New York Codifies Employer Requirement to Notify Employees of Unemployment Benefit Rights Gov. Hochul signed S4878A/A298. The law amends New York Labor Law Section 590 by adding a section that requires employers provide notice to employees that they may be […]

December 20, 2023

I. Passing of the Illinois Paid Leave for All Workers Act (PLFAW). The new Illinois Paid Leave for All Workers Act becomes effective on January 1, 2024. The Act applies to most employees in the state, with very limited exceptions […]

December 19, 2023

On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and medical supplies. The underlying case involved […]

December 18, 2023

Amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that will take effect on January 1, 2024, have placed significant new burdens on employers by (a) expanding internal notification requirements to all “job opportunities,” not just promotions, and (b) […]

December 15, 2023

Labor Commissioner hearing can be a stressful ordeal. However, with some planning and understanding about the process, employers can set themselves up for the best possible outcome. Here are a few pointers about the strategy during Labor Commissioner hearings, and […]

December 13, 2023

Earlier this year, the Equal Employment Opportunity Commission (EEOC) and Department of Labor, Wage and Hour Division (WHD) entered into a memorandum of understanding “to maximize and improve the enforcement of” the laws administered by the two agencies. The purpose […]