On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act FLSA), which would result in millions of workers who are now exempt from overtime requirements being entitled to time and
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NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition
On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new, union-friendly framework for determining when employers
The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action
On August 18, 2023, in Hamilton v. Dallas County, the Fifth Circuit Court of Appeals reversed decades of precedent by broadening the standard for what constitutes an actionable adverse employment action.
Previously, an adverse employment action for Title VII
DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local Governments
On August 4, 2023, the U.S. Department of Justice (“DOJ”) released its highly anticipated proposed changes to the regulations implementing Title II of the Americans with Disabilities Act (“ADA”). Title II prohibits state and local governments from discriminating against individuals
DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers
On August 8, 2023, the U. S. Department of Labor (“DOL”) issued a final rule revamping its procedures for determining prevailing wages under the Davis-Bacon and Related Acts (collectively, DBRA). This is the first time in forty years that DOL
NLRB Returns to a More Stringent Framework For Workplace Rules
On Wednesday, August 2, 2023, the National Labor Relations Board (“the Board”) continued its retreat from many of the decisions issued by its Trump-era iteration. In Stericycle, Inc, 372 NLRB No. 113 (2023), the Board abandoned its decision in
Attestation to Consolidated Appropriations Act’s “Anti-Gag Rules” Due by Year’s End
By December 31, 2023, health plans and insurers must submit an attestation of compliance with the “anti-gag rules” of the Consolidated Appropriations Act of 2021 (CAA). The rules apply to all agreements entered into on or after the date that
E-Verify Users Now Permanently Able to Verify Employment Eligibility Remotely
As part of a final rule published on July 25, 2023, and in connection with its newly published Form I-9 (which employees may use after August 1), certain employers will be able to permanently verify an employee’s employment eligibility remotely.
Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market
The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a merger may have on labor markets.
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Join Us at the 2023 HR Legal Summit – Register Today!
Please join us for the 11th Annual HR Legal Summit, co-sponsored by Ballard Spahr and SEPA SHRM. This year’s HR Legal Summit will be held on Thursday, September 21, 2023 from 8:00 AM – 4:30 PM. The Summit is relevant