Call Me When… You have an employee-related issue including court and agency cases, governmental personnel-related audits, or you need counsel on addressing any employee-related issue.
On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down the new joint employer rule created by the National Labor Relations Board (the “NLRB” or “Board”). As we covered earlier this year, the now-struck-down 2023 Rule severely loosened the Board’s existing regulations by allowing a joint employer finding irrespective…
Last month, the Boston Regional Office of the National Labor Relations Board (the “NLRB”) ruled that members of the Dartmouth men’s basketball team are employees and as such have the right to unionize. Wasting no time, yesterday, the Dartmouth men’s basketball team voted 13-2 to unionize. Many educational industry onlookers saw this as the necessary…
On February 21, 2024, the National Labor Relations Board (“NLRB”) ruled that Home Depot violated the National Labor Relations Act (“NLRA”) by terminating an employee who refused to remove the hand-drawn letters “BLM” (Black Lives Matter) from their work apron. This employee was one of several employees who concurrently drew BLM on their work aprons….
In our prior article, the details of the new test for determining who is an employee and who is an independent contractor was laid out click here. As of last week, that rule is effective. Now clients are asking how we got here and what comes next. Here are our thoughts. Effective March 11,…
Effective March 12, 2024, New York Labor Law prohibits employers from requiring employees and job applicants to provide information about their personal accounts. If you think this sounds familiar, you are right. This idea has been in place in various states for years; now New York is joining in! Under the new legislation, “personal accounts”…
Attention all Paycheck Protection Program (“PPP”) loan borrowers, the Federal Bureau of Investigation is combing through PPP loan records to identify borrowers who committed fraud related to the program, and they are not alone. The U.S. Small Business Administration (the “SBA”) is auditing all PPP loans of $2 million or more, and the Department of…
Whistleblowers can blow their whistles a little louder tonight. The Supreme Court’s recent ruling, Murray v. UBS Securities, LLC, decided that an employee may prove a whistleblower retaliation claim without showing that their employer acted with retaliatory intent. As a result, it is now easier for employees to succeed on whistleblower retaliation claims under the…
On January 9, 2024, the Department of Labor (“DOL”) announced a six-factor test for determining whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). This new rule takes effect on March 11, 2024. Classifying workers as independent contractors or employees is extremely important—independent contractors do not receive…
On November 22, 2023, Governor Kathy Hochul of New York signed into law the “Freelance Isn’t Free Act,” aimed at safeguarding the rights of freelance workers. This bill closely aligns with the existing law of the same name in New York City, which came into effect in May 2017. Key Provisions of the Freelance Isn’t…
On November 22, 2023, Governor Kathy Hochul of New York signed into law the “Freelance Isn’t Free Act,” aimed at safeguarding the rights of freelance workers. This bill closely aligns with the existing law of the same name in New York City, which came into effect in May 2017. Key Provisions of the Freelance Isn’t…
Yesterday, Governor Kathy Hochul signed into law The Clean Slate Act (S.7551A/A.1029C) with an effective date of November 16, 2024. The law will seal certain criminal records following an individual’s release from incarceration: eligible misdemeanor convictions will be sealed three years after release, and eligible felony convictions will be sealed eight years after release –…
The national trend to protect temporary Laborers continues. This past August, Illinois passed legislation that expanded its Day and Temporary Labor Services Act. The amendment became effective on August 4, 2023 (immediately upon its signing). The Trend New Jersey, California, and Illinois have all passed laws that provide protections to temporary Laborers. Among the varied…
Attention New York employers: On November 17, 2023, Governor Hochul signed S4516 into law, amending Section 5-336 of the General Obligations Law (“GOL”), commonly known as New York’s #MeToo statute. The amendment significantly changes the terms permissible in settlement agreements for claims relating to discrimination, harassment, or retaliation. As of the effective date, November 17,…
The Occupational Safety Health Administration (“OSHA”) and the National Labor Relations Board (“NLRB”) recently joined forces through a new Memorandum of Understanding (“MOU”). Their goal, to further enhance collaboration between the two agencies during investigations and enforcement actions against employers. The move is expected to further blur the lines between the two agencies and the…
Starting July 31, 2023, all employers with employees working in New Jersey are required to immediately and simultaneously report to the New Jersey Department of Labor (the “NJ DOL”) certain information relating to terminated employees. Employers are to submit this information electronically at the same time they provide the terminated employee with his/her benefit instructions…
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