News & Analysis as of

Employer Liability Issues Labor Regulations Employee Rights

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Ius Laboris

Summer is Nearly Upon Us: Is Your Holiday Plan Ready?

Ius Laboris on

Summer is nearly here and so it is important for employers in Norway to start planning for their team’s holiday, if they haven’t already. It can be costly for employers if employees do not take their statutory holiday...more

FordHarrison

Liquidated Damages Now Unavailable in Certain New and Pending Payroll Frequency Lawsuits

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Real World Impact:  Many New York employers facing substantial liability arising from class actions alleging pay frequency violations of New York Labor Law Section 198 now have relief. Governor Hochul recently signed into law...more

Blake, Cassels & Graydon LLP

Employment Law in Canada: Recent and Upcoming Changes

The past year has brought significant changes to employment laws across Canada, with major legislative updates in Ontario, Alberta, British Columbia, Quebec, and at the federal level. With more changes set to come into force,...more

Parker Poe Adams & Bernstein LLP

Reminder: Employers in North Carolina Must Give Advance Notice of One Pay Period for Salary Decreases

In several recent situations, we discovered that North Carolina employers implemented cuts in employee pay due to demotions or other business reasons without complying with state law notice requirements. ...more

Seyfarth Shaw LLP

PAGA Paraphrased – Parra Rodriguez v. Packers Sanitation, Inc.

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The Fourth District held that a motion to compel arbitration is not the correct vehicle to challenge a plaintiff’s failure to plead the individual component of a PAGA claim affirming the Superior Court’s denial of a motion to...more

DarrowEverett LLP

Seventh Circuit Decision Clarifies Standards for FLSA Overtime Cases

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The Seventh Circuit Court of Appeals recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work...more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

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Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more

Bradley Arant Boult Cummings LLP

NLRB’s General Counsel Initiatives Trumped: Here We Go Again with Dramatic Shifts in Labor Law

As the mainstream media has reported, President Trump is firing everyone he can (and maybe some he can’t) at the National Labor Relations Board. On day one, the president fired the NLRB’s general counsel, Jennifer Abruzzo, a...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

Fox Rothschild LLP

What’s Old is New Again—Michigan Earned Sick Time Act Goes into Effect February 21, 2025

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In less than two weeks, the sick leave requirements in Michigan are changing. The state is reverting to the Earned Sick Time Act (ESTA), which was initially adopted in 2018 but was then subject to amendments and litigation. ...more

Faegre Drinker Biddle & Reath LLP

Mexico’s 12 Percent Wage Hike Comes Into Effect January 1, 2025

The right to a minimum wage sufficient to meet the basic needs of workers is enshrined in the Mexican Constitution. Minimum wages in the country are set on a daily basis, ensuring workers receive a set amount for each day...more

Epstein Becker & Green

Time is Money: A Quick Wage-Hour Tip on … DOL Confirms Managers Are Blocked from Tip Pool Even When Working in Non-Supervisory...

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Section 3(m)(2)(B) of the FLSA prohibits employers, including managers or supervisors, from keeping any portion of an employee’s tips. Accordingly, the law has been clear that a manager or supervisor cannot participate in a...more

Clark Hill PLC

Washington Supreme Court Says Employers May Not Unreasonably Restrain Employees From Working for Competitors

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In a case of first impression, the Washington Supreme Court interpreted Washington law regarding noncompete agreements to broadly protect employees who earn less than twice the state minimum wage from unreasonable...more

Littler

Capitol Gains: California's Legislative Highlights for 2025

Littler on

California’s legislature covered a wide array of labor and employment law topics in the 2024 legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2025,...more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and France’s Approaches to Probation and Dismissals in Early Employment

Littler on

What is changing in the UK? When an employer is considering dismissing an employee, the first question any UK employment lawyer will ask is: Does the employee have less than two years’ service? This is because UK...more

Spilman Thomas & Battle, PLLC

NLRB Restricts Captive Audience Meetings

In November 2024, in Amazon.com Services LLC, the National Labor Relations Board (NLRB) ruled that an employer violates the National Labor Relations Act (NLRA) when it requires employees to attend meetings in which the...more

Bodman

Mandatory “Captive Audience” Meetings Now Illegal

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Since the 1940’s, the National Labor Relations Board (“the Board”) has held the position that mandatory meetings with employees where the employer expresses its views on unions, typically referred to as “Captive Audience...more

K&L Gates LLP

State of the Workplace

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In this special end of year publication, we take a look back at another tumultuous year in Australian employment law following significant changes. Almost every area of Australian employment law has over the past two years...more

Littler

Handbook Season Arrives with a Flurry of Potential Policy Updates

Littler on

Legislatures across the United States continued to enact new employment laws in 2024, many of which require review and revision of current handbooks, including adding new policies and updating existing policies, for legal...more

Epstein Becker & Green

NLRB Finds Lawful Employer Statements to Employees Are Unlawful Going Forward

Epstein Becker & Green on

Just hours after it became clear that Donald Trump would be returning to the White House, the majority Democratic National Labor Relations Board (“NLRB”) showed no signs of slowing down its efforts to implement the Biden...more

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings Restricted

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The National Labor Relations Board (the Board) voted 3-1 (along party lines, with Member Kaplan dissenting) on November 13, 2024, to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...more

Littler

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

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Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more

Foley Hoag LLP

After Nearly Eight Decades of Lawful Captive-Audience Meetings, Employers Are Now Prohibited From The Practice

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On November 13, 2024, the National Labor Relations Board (“Board”) overturned Babcock & Wilcox, 77 NLRB 577 (1948), which had—for over 75 years—protected employers’ right to hold mandatory meetings on their premises to...more

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