Got Exempt Employees? Here’s What The Helix Decision Means For You
As has been widely publicized, the U.S. Supreme Court announced in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, that a former employee was entitled to overtime pay under the Fair Labor Standards Act (“FLSA”), despite working as a manager and earning over $200,000 annually
Continue Reading →California Gig-Company Workers to Remain Independent Contractors
Earlier this week, in a win for gig economy companies, a California appeals court ruled Uber, Lyft, and similar app-based ride-hailing and delivery companies can continue to classify their California drivers as independent contractors pursuant to Proposition 22. In 2020, California su
Continue Reading →NLRB Attempts to Restrict Releases – Should You Be Worried?
The National Labor Relations Board issued a decision on Tuesday, February 21, effectively wiping out several Trump-era rulings allowing employers to include confidentiality and non-disparagement provisions in severance agreements. The current Board now takes the stance that it is an u
Continue Reading →Expanded Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know About the PWFA and the PUMP Act
January 26, 2023
On December 29, 2022, President Biden signed the Consolidated Appropriation Act, 2023, into law. In addition to providing $1.7 trillion in funding for the U.S. federal government for the 2023 fiscal year, the Act also adopted two acts implementing certain workplace rights and protecti
Continue Reading →DOL Releases Proposed Rule on Worker Classification
October 13, 2022
On October 11, 2022, the Department of Labor (“DOL”) released a proposed rule concerning worker classification under the Fair Labor Standards Act (“FLSA”). For more than 80 years, both the DOL and courts applied a totality-of-the-circumstances “economic reality test” to determine whet
Continue Reading →Free labor could cost you: an overview of internship wage compliance
May 04, 2022
As summer approaches, many employers are looking to hire student interns. The benefits of summer internships are mutual: Companies create an accessible group of potential future hires, while interns obtain real- world workplace experience and training, as well as valuable networking o
Continue Reading →Supreme Court Blocks OSHA Vaccine-or-Test Mandate for Large Private Employers
Today (1/13/22), the U.S. Supreme Court blocked the Biden administration’s vaccine mandate by enjoining OSHA’s ETS, which required employers to mandate vaccines or test unvaccinated employees weekly. The Court found that Congress had not given federal agencies like OSHA the power to
Continue Reading →SCOTUS Hears Arguments on OSHA’s Vaccine-or-Test ETS
On Friday, January 7, 2022 the Supreme Court held oral arguments to address OSHA’s Emergency Temporary Standard related to COVID-19. The two-hour long arguments were intense and revealed a sharply divided court with the conservative justices questioning OSHA’s authority, and the mor
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