Newsletters

02.28.24

DOL’s Independent Contractor Rule Set for March

On March 11, 2024, the Department of Labor’s (DOL) new rule on the standard for determining who is an employee and who is an independent contractor under the Fair Labor Standards Act (FLSA) is set to take effect.


12.22.23

NLRB Delays New Joint Employer Rule

Facing legal challenges, the National Labor Relations Board (NLRB) has pushed out the effective date of its new joint employer rule.


12.22.23

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed dismissal of the Americans with Disabilities Act (ADA) cases.


12.22.23

Ninth Circuit to Hear AB 5 Challenge En Banc

In the latest chapter of the saga of California’s Assembly Bill 5, the Ninth U.S. Circuit Court of Appeals vacated a panel decision finding that the law violated the Equal Protection Clause and granted rehearing en banc.


12.22.23

New NY Laws for the New Year

New York employers are facing several major changes in employment law, including a ban on nondisclosure clauses in settlement agreements of discrimination, retaliation or harassment claims, the addition of new categories of protected classes, and an extended statute of limitations for ...


12.22.23

California Appeals Court Tosses Pro Se PAGA Suit

A pro se Private Attorneys General Act (PAGA) plaintiff was engaged in the unauthorized practice of law, a California appellate court held in an unpublished decision, affirming dismissal of the action.


11.16.23

NLRB Finalizes Joint Employer Rule

After several years – and a Notice of Proposed Rulemaking (NPRM) that received more than 13,000 comments – the National Labor Relations Board (NLRB) issued its final rule on the Standard for Determining Joint Employer Status under the National Labor Relations Act (NLRA).  


11.16.23

Second Circuit Weighs In On EPA’s “Factor Other Than Sex”

The Second U.S. Circuit Court of Appeals recently provided clarification on the Equal Pay Act’s (EPA) “factor other than sex” exemption in a new decision.  


11.16.23

California Appellate Panel Revives PAGA Action

A California appellate panel recently reversed the dismissal of a nurse’s Private Attorneys General Act (PAGA) suit involving meal and rest break claims.  


11.16.23

FLSA Overtime Plaintiffs Only Need To Plead 40+ Hour Workweeks

A complaint alleging that employees were misclassified as managers and regularly worked more than 40 hours per week had sufficient allegations to keep the Fair Labor Standards Act (FLSA) collective action for overtime alive, the Second U.S. Circuit Court of Appeals determined.