The start of spring has brought with it important deadlines and announcements from the EEOC, OFCCP, and the OMB regarding the reporting of employee demographic data to the federal government.
Continue Reading EEOC and OFCCP Updates – Upcoming Deadlines, Revised Benchmarks and New Race Categories
The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January of this year, which took effect March 11, 2024 and changed how the DOL analyzes whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”).
Continue Reading Navigating the “New” Normal: Understanding the DOL’s Independent Contractor Rule
On March 6, 2024, President Biden issued an Executive Order designed to increase participation in the U.S. Department of Labor’s Registered Apprenticeship Program (“the Program”). The purpose of the Program is to connect job seekers looking to learn new skills with employers looking for qualified workers.
Continue Reading Biden Administration Incentivizing Participation in Apprenticeship Programs
On March 12, 2024, the United States Court of Appeals for the Sixth Circuit reversed two separate district court decisions addressing how pizza delivery drivers should be reimbursed for their vehicle-related expenses under the Fair Labor Standards Act (FLSA).
Continue Reading Sixth Circuit Highlights The Difficulty of Calculating Work-Related Expenses Under the FLSA
Update: On March 8, 2024, the Eastern District of Texas granted summary judgment in favor of the Chamber of Commerce and struck down the NLRB’s new final joint employer rule. The opinion conducts a thorough review of the history of the joint employer standard and ultimately concludes that the Final Rule is contrary to the common law. The opinion critiques the Board’s rulemaking stating they failed to adequately address the disruptive effects of the new rule, resolve ambiguities, or explain how it will not cause piece-meal bargaining. The opinion then leaves the previous rule from 2020 in place which requires an entity to “possess and exercise such substantial direct and immediate control over one or more essential terms or conditions” of employment to be considered an employer. The NLRB is likely to appeal and we will continue to monitor further developments. Our previous post discusses the challenge and legal proceedings before the Eastern District of Texas.
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An (Un)Predictable Future – 2024 Employment Issues to Watch
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The NRLB has hit another roadblock in its implementation of a new final joint employer rule (the “Final Rule”) as a Texas federal judge delayed its implementation until March 11. The Final Rule, which was supposed to take effect on February 26, would have made organizations liable for violations of the NLRA if they had direct or indirect control over the terms and conditions of employment of another firm’s employees. This change increases the potential of liability from franchising or contracting with third parties. To see more information on the implications of the Final Rule, see our previous articles here and here.
Continue Reading NLRB’s Final Joint Employer Rule Stayed Amid Legal Challenges
Last week, New York’s Governor signed a bill into law that effectively prohibits employers from accessing employees’ or job applicants’ personal social media accounts. The law goes into effect on March 12, 2024.
Continue Reading New Restrictions on New York Employers’ Access to Employee and Applicant Social Media Accounts
On February 8, 2024, the U.S. Supreme Court issued a unanimous opinion holding that a whistleblower with a retaliation claim under the Sarbanes-Oxley Act of 2002 (“SOX”) does not need to establish that their employer acted with “retaliatory intent” to succeed on their claim. An employee must merely show that their protected whistleblowing activity was a “contributing factor” in an adverse employment action against them by their employer. Murray v. UBS Securities, LLC, 144 S.Ct. 445 (2024). An employer’s retaliatory intent or lack of animosity is “irrelevant.” Id. at 446.
Continue Reading SCOTUS Holding Reinforces Employee-Friendly SOX Whistleblower Burden
On February 15, 2024, California lawmakers introduced the bill AB 2930. AB 2930 seeks to regulate use of artificial intelligence (“AI”) in various industries to combat “algorithmic discrimination.” The proposed bill defines “algorithmic discrimination” as a “condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people” based on various protected characteristics including actual or perceived race, color, ethnicity, sex, national origin, disability, and veteran status.
Continue Reading California Seeks to Regulate Employer Use of AI