On March 12, 2024, the United States Court of Appeals for the Sixth Circuit reversed two separate district court decisions addressing how pizza delivery drivers should be reimbursed for their vehicle-related expenses under the Fair Labor Standards Act (FLSA).
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Judge Strikes Down NLRB’s Final Joint Employer Rule
Update: On March 8, 2024, the Eastern District of Texas granted summary judgment in favor of the Chamber of Commerce and struck down the NLRB’s new final joint employer rule. The opinion conducts a thorough review of the history of…
An (Un)Predictable Future – 2024 Employment Issues to Watch
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An (Un)Predictable Future – 2024 Employment Issues to Watch
Wednesday, March 13, 2024
12:00–1:00 pm ET
11:00 am–12:00 pm CT
9:00–10:00 am PT
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NLRB’s Final Joint Employer Rule Stayed Amid Legal Challenges
The NRLB has hit another roadblock in its implementation of a new final joint employer rule (the “Final Rule”) as a Texas federal judge delayed its implementation until March 11. The Final Rule, which was supposed to take effect on…
New Restrictions on New York Employers’ Access to Employee and Applicant Social Media Accounts
Last week, New York’s Governor signed a bill into law that effectively prohibits employers from accessing employees’ or job applicants’ personal social media accounts. The law goes into effect on March 12, 2024.…
SCOTUS Holding Reinforces Employee-Friendly SOX Whistleblower Burden
On February 8, 2024, the U.S. Supreme Court issued a unanimous opinion holding that a whistleblower with a retaliation claim under the Sarbanes-Oxley Act of 2002 (“SOX”) does not need to establish that their employer acted with “retaliatory intent” to…
California Seeks to Regulate Employer Use of AI
On February 15, 2024, California lawmakers introduced the bill AB 2930. AB 2930 seeks to regulate use of artificial intelligence (“AI”) in various industries to combat “algorithmic discrimination.” The proposed bill defines “algorithmic discrimination” as a “condition in which an…
Webinar Invite: Top Tips for Employers – Leap into Labor Law
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Leap into Labor Law
Thursday, February 29, 2024
12:30–4:00 pm ET
11:30 am–3:00 pm CT
9:30 am–1:00 pm PT…
In High Stakes Battle Between Arbitration and PAGA, Wins, Losses, and Questions
The legal path between employee arbitration agreements under the Federal Arbitration Act (“FAA”) and representative claims under the California Private Attorney General Act (“PAGA”) has been anything but smooth. A new (albeit unpublished and uncitable) case, Piran v. Yamaha Motor…
NLRB’s Final Joint Employer Rule Takes Effect This Month
A few months ago, we wrote about the National Labor Relations Board (“NLRB” or “Board”) publishing its widely anticipated final joint-employer rule (the “Final Rule”). The Final Rule overrules the NLRB’s 2020 joint-employer rule and broadly expands the definition of…