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The U.S. Department of Labor (DOL) has announced a final rule under the Fair Labor Standards Act setting forth factors for the classification of workers as employees or independent contractors. The final rule rescinds the 2021 Independent Contractor Rule put into place under the Trump administration, which primarily focused on two “core” factors – the […]
Cannabis will soon be legal for adult consumption in Ohio after voters passed Issue 2. The new law, An Act to Control and Regulate Adult Use Cannabis (the Act), is set to take effect in December of 2023. The Act will permit controlled and regulated sales of recreational cannabis subject to the statute and rules […]
Harassment has remained at the top of the U.S. Equal Employment Opportunity Commission’s (EEOC) most received charges since 2016. Late last month, in an attempt to provide employers with clarity, the federal agency proposed new guidelines entitled “Enforcement Guidance on Harassment in the Workplace.” The updated guidance discusses evolving case law including the Supreme Court’s […]
It is not uncommon for business owners to ask newly hired or even existing employees to sign employment agreements. Often times, the employee is so thrilled to accept the job that they do not take the proper time to read or ask questions about language included in the contract. But such contracts often restrict employees […]
The U.S. Department of Labor (DOL) has proposed a new rule that would increase the salary threshold for overtime eligibility under the Fair Labor Standards Act (FLSA), currently $35,568/year ($684/week) to $55,068 per year ($1,059/week). According to the DOL, the department’s proposed salary level would mean that millions of salaried workers who do not currently […]
On August 2, 2023, the National Labor Relations Board (Board/NLRB) issued a 3 to 1 decision adopting a new standard for determining when an employer’s work rules are unlawful to the National Labor Relations Act (the “Act”). In essence, the NLRB’s newly announced rule is a return to the prior Obama Board’s scrutiny of employer […]
Beginning on June 27, 2023, employers with 15 or more employees will be required to comply with the Pregnant Workers Fairness Act (PWFA), which President Biden signed into law on December 29, 2022. The PWFA requires covered employers to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth or related medical conditions […]
By: Jessica MacKeigan On February 22, 2023, the Supreme Court issued a 6 to 3 decision in Helix Energy Solutions Group, Inc. v. Hewitt, ruling that a worker earning over $200,000/year but paid exclusively on a day rate was entitled to overtime compensation under the Fair Labor Standards Act (FLSA or Act). This decision demonstrates […]
By: Jessica L. MacKeigan On December 27, 2022, the California Labor Commission issued new guidance regarding the state’s new pay transparency law that became effective January 1, 2023, and stands to impact employers nationwide. Under the state’s expanded Equal Pay Act (“Act”) provisions, a covered employer must: Provide, upon request, an employee with the pay […]
March 30, 2022 President Biden recently signed significant legislation titled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” (“the Act”) which prohibits forced arbitration for sexual assault and sexual harassment claims on March 3, 2022. The new legislation amends the Federal Arbitration Act (FAA) and requires courts, not arbitrators, to decide […]
March 3, 2022 As anticipated, President Biden’s National Labor Relations Board (NLRB) has been openly active regarding support of unions and unionization. On February 1, 2022, NLRB General Counsel Jennifer Abruzzo (The General Counsel is essentially the prosecutorial arm of the NLRB) issued a memorandum (GC22-02) directing regional offices of the agency to seek federal […]
January 14, 2022 On January 13, 2022, the United States Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS) for private employers with 100 or more employees. The ETS would have applied to approximately 84 million workers. The Court also, in a separate, but simultaneous ruling, allowed the Centers […]