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Category: Employment & Labor


Business Law & Regulations, Employment & Labor

Texas Data Privacy and Security Act: Decoding the ‘Small Business’ Exception

March 13, 2024

Via: JD Supra

As many employers now know, Senate Bill 553 (“SB 553”) mandates that covered employers implement their written Workplace Violence Prevention Plan(s) and employee training programs by July 1, 2024.  On March 1, 2024, Cal/OSHA released a model Plan which employers […]


Business Law & Regulations, Employment & Labor

Court Vacates New NLRB Joint Employer Rule

March 12, 2024

Via: JD Supra

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11. The rule would have implemented a new […]


Business Law & Regulations, Employment & Labor

The Department Of Labor’s New Rule: Employee Versus Independent Contractor?

March 6, 2024

Via: JD Supra

In the dynamic landscape of federal regulations, significant changes have emerged in 2024 that businesses need to be aware of. One of these changes includes the redefining of the classification of “independent contractors” under the Fair Labor Standards Act (FLSA). […]


Business Law & Regulations, Employment & Labor

“You Can’t Say That!” Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

March 5, 2024

Via: National Law Review

Few governmental agencies can require private employers to permit their employees to say things on the job, in the presence of customers and co-workers, that employers don’t like. But the National Labor Relations Board can. Most employers associate the National […]


Business Law & Regulations, Employment & Labor

D.C. Expands Coverage of Minimum Wage Law

February 29, 2024

Via: JD Supra

Washington, D.C. is poised to extend the reach of its minimum wage requirements. On January 10, 2024, Washington D.C. Mayor Bowser signed the Minimum Wage Clarification Amendment Act of 2023 (B25-0134) (the “Amendment”), which modifies the circumstances under which an […]


Business Law & Regulations, Employment & Labor

Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

February 28, 2024

Via: JD Supra

The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor […]


Business Law & Regulations, Employment & Labor

Artificial Intelligence in the Workplace: Spotlight on Confidentiality Concerns

February 23, 2024

Via: JD Supra

Generative artificial intelligence (“GAI”) has the potential to revolutionize efficiency and productivity in our day-to-day working lives. But while this technology is becoming more sophisticated by the day, companies should still proceed with caution when using GAI in a workplace […]


Business Law & Regulations, Employment & Labor

Federal Trade Commission Likely to Expand Labor Enforcement to Worker-Misclassification Issues

February 22, 2024

Via: JD Supra

In a February 2, 2024 keynote speech to antitrust enforcers and practitioners, Commissioner Alvaro M. Bedoya argued that the U.S. Federal Trade Commission (“FTC”) should challenge worker misclassification as a violation of the FTC Act’s ban on “unfair methods of […]


Business Law & Regulations, Employment & Labor

DEI Under Scrutiny, Part V: Proposed Utah Bill Would Have Extended Restrictions on DEI to Private Employers’ Training Programs

February 20, 2024

Via: JD Supra

States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill recently considered by Utah lawmakers raised concerns […]


Business Law & Regulations, Employment & Labor

Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows

February 19, 2024

Via: JD Supra

Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while the average time to close […]


Business Law & Regulations, Employment & Labor

Massachusetts Implements New Pay Transparency Law

February 15, 2024

Via: JD Supra

Following a wave of pay transparency laws in other states, the Massachusetts recently implemented a law requiring employers with at least 25 employees in the Commonwealth to disclose salary ranges in job postings. The law also requires employers with at […]


Business Law & Regulations, Employment & Labor

The Department of Labor Issues New Final Rule for Independent Contractor Classification

February 14, 2024

Via: National Law Review

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The […]


Business Law & Regulations, Employment & Labor

Important Changes to French Labor Law in 2024

February 13, 2024

Via: National Law Review

Employers have additional obligations to provide employees with specific information during the recruitment process Employers are now required to provide in writing “key information relating to the employment relationship” to newly hired and current employees. It is not a legal […]


Business Law & Regulations, Employment & Labor

The Fight Continues for Employee Status – Dartmouth Men’s Basketball Players Are Employees Under the NLRA

February 13, 2024

Via: JD Supra

In September 2023, the Service Employees International Union Local 560 (SEIU) filed a petition for a representation election with Region 1 for a bargaining unit consisting of 15 Dartmouth College men’s basketball players. The SEIU petition is the first to […]


Business Law & Regulations, Employment & Labor

Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

February 12, 2024

Via: JD Supra

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit clauses on their employees in the Golden […]


Business Law & Regulations, Employment & Labor

2024 Workplace Trends: AI, RTO and More

February 8, 2024

Via: JD Supra

It has been almost four years since the COVID-19 pandemic sent the American labor market and workplace into a tailspin, revolutionizing work overnight. In 2024, change remains the constant: As the domestic labor market continues to boom, employers and employees […]


Business Law & Regulations, Employment & Labor

GenAI & the Workforce

February 7, 2024

Via: LexBlog

A must-read report entitled “Generative Artificial Intelligence and the Workforce” was released last week by The Burning Glass Institute and SHRM. This report was also featured in an article in The New York Times. This report is interesting for the […]


Business Law & Regulations, Employment & Labor

Notice May Be Required for California Employees Subject to Non-Competes

February 5, 2024

Via: JD Supra

California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment contracts, or to require an employee to enter into a noncompete […]


Business Law & Regulations, Employment & Labor

USCIS Announces Significant Fee Increases Effective on April 1, 2024

February 1, 2024

Via: LexBlog

U.S. Citizenship and Immigration Services (USCIS) published a final rule, which will take effect on April 1, 2024, to adjust certain immigration and naturalization benefit request fees. Through this rule, USCIS will implement substantial fee increases especially for employment-based petitions, […]


Business Law & Regulations, Employment & Labor

This Ain’t My Home, Now Pay Up: 11th Circuit Reverses on FLSA’s Live-In Service Worker Exemption

February 1, 2024

Via: JD Supra

Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th Circuit […]