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
Hunton Employment & Labor Perspectives
Analysis and Development in Employment & Labor Issues
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Fifth Circuit is Set to Weigh in on NLRB’s Enhanced Financial Remedies
The National Labor Relations Act (“Act”) empowers the National Labor Relations Board (“Board”) to “take such affirmative action including reinstatement of employees with or without backpay, as will effectuate the policies of this Act.” 29 U.S.C. § 160(c). For much…
The NLRB Finds Questions About Employees’ Strike Plans for Staffing Purposes Unlawful
On January 31, 2024, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (the “NLRB” or the “Board”) found that Starbucks Corporation (“Starbucks”) violated federal labor law when certain of its managers asked employees whether they would be…
California Pay Data Reporting Portal Is Now Open – Employers Must Submit Pay Data Reports By May 8, 2024
California law requires employers with at least 100 employees and at least one California employee, to annually report pay, demographic, and other workforce data to the Civil Rights Department (“CRD”). This reporting is required under Government Code section 12999, and…
11th Circuit Reaffirms FCRA Statutory Damages Available Even in the Absence of Actual Damages
When there is a willful violation to the Fair Credit Reporting Act (”FCRA”) consumers can recover either actual damages sustained by the consumer or statutory damages of no less than $100 and not more than $1000. (Punitive damages and attorney…
Virginia Business Magazine Honors Three as Legal Elite
Hunton Andrews Kurth LLP is pleased to announce that labor and employment attorneys Ryan Bates, Ryan Glasgow, and Alyson Brown have been recognized by their peers as members of Virginia Business magazine’s 2023 Legal Elite.…
D.C. to Require Pay Transparency, Prohibit Inquiry into Wage History
Washington, D.C. is the latest in a growing list of jurisdictions to require employers to have “pay transparency” in job postings. Starting in June of 2024, Washington, D.C. will require all employers with at least one employee in the District…
DOL’s New Six-Factor “Economic Realities” Test: Navigating Changes in Independent Contractor Classification
The U.S. Department of Labor’s (DOL) recently published a final rule on the definition of “independent contractor” under the Fair Labor Standards Act (FLSA) on January 9, 2024. This rule introduces a six-factor “economic realities” test, replacing the 2021 rule…
Final Rule Requires Project Labor Agreements for Federal Construction Contractors
On December 22, 2023, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a final rule that could have consequential effects for federal construction contractors and subcontractors. The rule, which implements President…
Federal Court Rules EEO-1 Reports Not FOIA-Exempt
On December 23, 2023, a federal District Court in California issued an order compelling the OFCCP to produce formerly-withheld EEO-1 reports to a news organization who submitted Freedom of Information Act (FOIA) requests for the reports. This order is significant…