In her Memorandum issued on May 30, 2023, General Counsel Abruzzo announced her belief that non-competes should be discouraged, if not outright prohibited, as they chill employees’ rights to concerted activity in violation of Section 7 of the National Labor Relations...
Content By Maribeth Meluch
Building a Culture of Workplace Safety: Insights from a Labor & Employment Attorney
Key Takeaways Building a culture of workplace safety requires a holistic and sustained effort, involving all employees, proper training, and a commitment to transparency and improvement. In this current landscape, ensuring a secure and hazard-free environment is not...
NLRB Finalizes Rule Broadening Joint Employer Test: What Employers Need to Know
Key Takeaways The National Labor Relations Board (NLRB) has recently finalized a rule broadening the joint employer test. The new rule replaces a 2020 policy that excused joint employers from bargaining unless workers could demonstrate that the joint employer had...
Ohio’s One Fair Wage Petition and Its Implications
Introduction In the pursuit of economic fairness, Ohio finds itself at a crossroads with the One Fair Wage petition (One Fair Wage), a movement aiming to amend Article II, Section 34a of the Ohio State Constitution to increase the minimum wage. As with any significant...
Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders
In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for their steadfast refusal to comply with...
College Athletes as Employees: Landmark Case Could Reshape Collegiate Athletics
Implications for Federal Anti-Discrimination Laws In a pivotal legal battle, the Third Circuit is currently deliberating whether college athletes should be considered employees under the Fair Labor Standards Act for the purpose of receiving wages. This landmark case...
Gig Workers Now Protected in Columbus, Ohio
The City of Columbus, Ohio, has enacted a new code conferring legal rights to gig workers, also known generally as freelance workers. Freelance workers now constitute almost forty percent of the national workforce. The increase in this gig economy is driven by both...
DOL Works to Limit the Number of Overtime Exempt Workers with Proposed New Rule
Fair Labor Standards Act (FLSA) Overview The Fair Labor Standards Act (FLSA) requires that all covered employers pay their employees compensation for hours worked over forty per week at one and a half times their regular rate of pay, unless exempt. Exemptions under...
NLRB Issues Final Rule Rolling Back Remainder of 2019 Regulation on Representation Elections
The National Labor Relations Board (NLRB) has announced a new rule that will reduce the waiting time for workers to vote on whether to unionize. Following the NLRB decision in March 2023 to rescind four provisions of the 2019 Regulation from the Board’s Rules and...
EEOC’s Proposed Regulations for the Pregnant Workers Fairness Act Provide Insight on Interpretation
The recently enacted Pregnant Workers Fairness Act (PWFA) was effective June 27, 2023. This new law makes discrimination against pregnant workers unlawful and provides additional protections for pregnant workers. Coverage and Accommodations Employers covered by the...