Category: Employment & Labor

February 22, 2024

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 […]

February 20, 2024

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 […]

February 19, 2024

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 […]

February 15, 2024

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 […]

February 14, 2024

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 […]

February 13, 2024

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 […]

February 13, 2024

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 […]

February 12, 2024

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 […]

February 8, 2024

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 […]

February 7, 2024

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 […]

February 5, 2024

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 […]

February 1, 2024

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, […]

February 1, 2024

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 […]

January 31, 2024

US Senators Ron Wyden (D-OR) and Dan Sullivan (R-AK) and US Representatives Jimmy Panetta (D-CA) and Mike Carey (R-OH) recently introduced the bipartisan Workforce Housing Tax Credit Act (WHTCA). As of 2021, more than 28% of renting households in the […]

January 30, 2024

U.S. Citizenship and Immigration Services (USCIS has issued new guidance to define the extent of an employer’s financial obligation in employment-based green card applications where the sponsored employee has changed employers while the I-140 Immigrant Petition is still pending adjudication. […]

January 26, 2024

The start of 2024 is the perfect time for companies to conduct a California employment law audit to ensure policies are compliant, managers are properly trained, and the company is maintaining the required records for the necessary length of time. […]

January 23, 2024

As employers march through the beginning of the new year, they should ensure they are in compliance with the various mandatory workplace notice and posting requirements under applicable state and federal laws. To that end, the U.S. Department of Labor […]

January 23, 2024

Recently, New York Governor Kathy Hochul signed S. 4516, an amendment to New York General Obligations Law Section 5-336. This new law bars settlements of harassment, discrimination, and retaliation claims from including any terms or conditions requiring a complainant (plaintiff) […]

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 […]