Category

Employment & Labor

Department of Labor Announces Proposed Rule to Update Overtime Threshold

Today, the U.S. Department of Labor (“DOL”) announced a notice of proposed rulemaking that would update the salary threshold under which employees are eligible for overtime pay under federal labor...

Labor Board’s Ruling Reversal, Widening the Definition of Employee

The recent NLRB decision overturning the Trump era independent contractor test holds significant implications for worker classification and labor rights. The previous test, established during the Trump administration, made it...

NLRB Restores Prior Protections for Employee Outbursts

Section 7 of the National Labor Relations Act (“NLRA”) grants employees the right to engage in concerted protected activity to obtain better terms and conditions of employment, form a union,...

Lawsuit Challenges Department of Labor’s Authority related to Overtime Exemptions

A pending lawsuit in a Texas federal court is challenging whether the U.S. Department of Labor (DOL) can apply a salary requirement for workers who are exempt from overtime pay....

From Crisis Mode to Long-Term Planning: Navigating Post-PHE Healthcare

The Department of Health and Human Services will end the Covid-19 Public Health Emergency (PHE) on May 11, 2023. While the end of the pandemic is doubtlessly a relief for...

NLRB General Counsel Offers Much Anticipated Guidance on McLaren.

On March 22, the National Labor Relations Board’s General Counsel (GC) issued a memorandum addressing many of the questions that employers were left asking themselves following the Board’s decision in...

Kentucky Supreme Court Determines Employers Are Not Required To Pay Workers For Time Spent In Preliminary And Postliminary Security Screenings

In a 4-3 decision, the Kentucky Supreme Court determined that pursuant to Kentucky Wage and Hour law, employers are not required to pay workers for time spent undergoing preliminary and...

Federal Government Expands Rights for Pregnant Workers

In 2022, Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), was passed as part of the $1.7 trillion government funding legislation signed into law by President Joe Biden.    The enforcement provisions...

NLRB Says Goodbye to Silence for Severance: New Ruling Bans Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements for Private Sector Employees

On February 21, 2023, the National Labor Relations Board (NLRB) issued a divided opinion restricting the use of non-disparagement and confidentiality provisions in severance agreements.  The Board’s decision in McLaren...

Supreme Court Rules Highly Paid Employee is Entitled to Overtime Pay

The United States Supreme Court published its ruling today in an overtime case involving a highly paid employee.  In Helix Energy Solutions Group v. Hewitt, the employee worked as a...
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