News & Analysis as of

Federal Labor Laws Employee Rights

Proskauer - California Employment Law

SAG-AFTRA Vaccine Mandate Lawsuit Rejected by Ninth Circuit

In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

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The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more

Ballard Spahr LLP

U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those...more

Fox Rothschild LLP

New Game Plan: White House and Congress Move to Clarify Student Athlete Unionization Rights

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Last week, both Congress and President Trump took steps that could reshape how labor and employment laws apply to student athletes in higher education. While neither action will have immediate legal effect, together they...more

Holland & Knight LLP

Washington's Mini-WARN Act Goes into Effect on July 27, 2025

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Washington state recently enacted the Securing Timely Notification and Benefits for Laid-Off Employees Act (Senate Bill 5525), which takes effect July 27, 2025. This new "mini" version of the federal Worker Adjustment and...more

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...more

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

Littler

Policy Week in Review – July 2025 #3

Littler on

NLRB Acting General Cowen Issues Guidance on Union Salts  - In a memorandum dated July 24, 2025, National Labor Relations Board (NLRB) Acting General Counsel William Cowen issued guidance to all regional directors,...more

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Miller Nash LLP

Washington Enacts Mini-WARN Act Law

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As most employers know, under the federal WARN Act a covered employer who plans to close a facility or implement a mass layoff must provide 60 days’ advance notice to the affected employees, the designated state agency, and...more

Jackson Lewis P.C.

Mid-Year 2025

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The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more

Seyfarth Shaw LLP

E-Verify Revocation Lists for CHNV Updated: Employers Have to Add One More Thing to Their To-Do Lists

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US Citizenship and Immigration Services (USCIS) initially deployed the Status Change Report on June 20, 2025, to help certain employers identify whether any E-Verify cases were created using an Employment Authorization...more

Conn Maciel Carey LLP

Changes on the Horizon for the National Labor Relations Board

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A period of inactivity at the top adjudicative level of the National Labor Relations Board (NLRB) may soon be over with the potential appointment of two new Board members. Last week, the President nominated Scott Mayer and...more

Gould + Ratner LLP

SCOTUS: ADA Doesn’t Extend to Retired Employees

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The United States Supreme Court has determined that the Americans with Disabilities Act (“ADA”) does not extend to discrimination claims from retired employees. In an 8–1 decision issued on June 20, 2025, the Court held that...more

Kohrman Jackson & Krantz LLP

Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline

In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more

Littler

Policy Week in Review – July 2025 #2

Littler on

White House Announces NLRB Nominees - On Thursday, the White House announced two nominees for open seats at the National Labor Relations Board (NLRB), including Scott Mayer, chief labor counsel at The Boeing Corporation,...more

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

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In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more

McGlinchey Stafford

5th Circuit Clarifies Highly Compensated Employee Exemption

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The highly compensated employee (HCE) exemption under the Fair Labor Standards Act (FLSA) is one of the most complex exemptions in employment law. In the recent case of Gilchrist, et. al. v. Schlumberger Technology Corp.(5th...more

Proskauer - Labor Relations Update

Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct Lawful

In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No....more

Phelps Dunbar

Between Enforcement and Protection: What Employees Need to Know About State and Federal Immigration Policy Shifts

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The U.S. Department of Labor’s Wage and Hour Division recently announced a suspension in enforcing the 2024 rule from the Biden Administration that is designed to enhance protections for H-2A workers....more

Offit Kurman

Understanding the New Overtime Tax Policies in the Big Beautiful Bill

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In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger break down the recently passed 'big, beautiful bill' and its implications for employers and employees regarding new tax policies on overtime...more

Shipman & Goodwin LLP

Connecticut Public Schools Face Major Leave Law Changes This Fall – A Guide for Schools

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Starting October 1, 2025, Connecticut public schools will experience a significant shift in how they handle employee leave benefits. Public Act 25-174 extends two key state programs—the Connecticut Family and Medical Leave...more

Shipman & Goodwin LLP

Connecticut Independent Schools Face Major Leave Law Changes This Fall

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Starting October 1, 2025, Connecticut independent schools will experience a significant shift in how they handle employee leave benefits. Public Act 25-174 extends two key state programs—the Connecticut Family Medical Leave...more

Husch Blackwell LLP

Weak Demand Leads to Layoffs Among California Wineries: Navigating the Legal Risks of Cost-Cutting

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Recent studies indicate a steady decline in alcohol consumption in the United States over the past several years, following a global trend that has seen decreases in alcohol consumption from Ireland to India. Several factors...more

Littler

Policy Week in Review – July 2025 - Congressional and Administrative News

Littler on

Senate Republicans Introduce Legislation to Empower Independent Workers - Earlier this week, Senators Bill Cassidy, (R-LA), chair of the Senate Health, Education, Labor and Pensions (HELP) Committee, and Senators Rand Paul...more

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