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...
Labor & Employment
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...
The Supreme Court Strengthens Religious Accommodation Requirements in Recent Case
The U.S. Supreme Court has “clarified” the test under Title VII of the Civil Rights Act that employers and the U.S. Equal Employment Opportunity Commission have relied upon for more than 46 years, making it easier for employees to obtain religious accommodations....
New York May Ban Non-Competes as Bill Awaits Governor’s Signature
New York may join several other states that have essentially banned post-employment non-compete agreements, including California, Minnesota, North Dakota, and Oklahoma. Governor Kathy Hochul is considering a bill that was fast-tracked through the state legislature...
Sixth Circuit Creates New Standard for Certification Process in FLSA Collective Actions
The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L Home Care and Training Center, LLC ,...
Key Considerations for Employers: Understanding the Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA), a new federal law protecting the rights of pregnant workers, takes effect on June 27th. The bill was signed into law at the end of 2022 to require employers to provide reasonable accommodations to pregnant employees. The law,...
New PUMP Act Guidance: What Do Employers Need to Know?
The Department of Labor has recently issued guidance on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act was signed into law on December 29, 2022, amending the Fair Labor Standards Act (FLSA), to extend the reasonable break...