Employment

Subscribe to Employment via RSS

On May 1, 2025, the U.S. Department of Labor (DOL) published FAB No. 2025-1, providing guidance to its field staff on the analysis to apply when determining whether a worker is an independent contractor or employee for purposes of Fair Labor Standards Act (FLSA) enforcement.

The independent contractor vs. employee analysis under the FLSA has fluctuated for more than a decade. The applicable analysis has always revolved around the economic realities test, but the focus of the test has shifted.Continue Reading U.S. Department of Labor Issues New FLSA Independent Contractor Guidance

On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the salary-basis test, a key factor in determining whether an employee is properly classified as “exempt” from the Fair Labor Standards Act’s (FLSA) overtime requirements.Continue Reading Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.

On March 25, 2025, in Tudor v. Whitehall Central School District, the United States Court of Appeals for the Second Circuit vacated the Northern District of New York’s grant of summary judgment in favor of the Whitehall Central School District (the “District”) on a failure-to-accommodate claim brought under the Americans with Disabilities Act (ADA) by Angel Tudor (“Tudor”), a teacher in the District.  In its opinion, the court held that a reasonable accommodation may be required even when the employee can perform the essential functions of their job without the accommodation.Continue Reading The Second Circuit Holds That Reasonable Accommodations Under the ADA May Be Required Even When Not Necessary to the Performance of the Job

On March 17, 2025, the New Jersey Supreme Court unanimously held in Musker v. Suuchi that commissions are included in the definition of “wages” under New Jersey’s Wage Payment Law (“WPL”).  Wages under the WPL are defined as “direct monetary compensation for labor or services rendered by an employee, where the amount is determined on a time, task, piece or commission basis.”  The trial and appellate courts held that commissions were a “supplementary incentive,” which is excluded from the definition of wages under the WPL. Supplementary incentives were described by the court as additional “compensation that motivates employees to do something above and beyond their labor or services.”Continue Reading The New Jersey Supreme Court Finds that Commissions Are Wages Under the New Jersey Wage Payment Law

On February 12, 2025, the U.S. District Court for the District of Oregon issued an important decision in Porteous v. Flowers Foods, Inc. regarding the enforceability of class and collective action waivers contained in otherwise unenforceable arbitration agreements.Continue Reading Federal District Court Says Class and Collective Action Waiver Survives Unenforceable Arbitration Agreement

On February 3, 2025, President Trump appointed William B. Cowen as Acting General Counsel for the National Labor Relations Board (NLRB). Cowen has previously served in a variety of roles throughout the agency, including most recently as Regional Director for the Los Angeles Regional Office and previously as the NLRB’s Solicitor and an NLRB member. Cowen fills the role left vacant by President Trump’s firings of both Jennifer Abruzzo, the NLRB General Counsel appointed by President Biden, and Jessica Rutter, who served as Abruzzo’s Deputy General Counsel and took over as Acting General Counsel when Abruzzo was fired.Continue Reading Acting NLRB General Counsel Pulls Back Memoranda

Late on Monday, January 27, President Trump said “you’re fired” to two key National Labor Relations Board (NLRB) officials. The dismissal of NLRB General Counsel Jennifer Abruzzo was widely expected and follows precedent set by President Biden when he fired Peter Robb, the NLRB General Counsel installed during the first Trump administration, on his first day in office. President Biden’s termination of Robb was upheld by various federal circuit courts. See Rieth-Riley Constr. Co. v. NLRB, 114 F.4th 519 (6th Cir. 2024) (holding the president can remove the NLRB General Counsel at will).Continue Reading Trump Tests Limits of Authority to Shape National Labor Relations Board

On December 31, 2024, the California Chamber of Commerce and California Restaurant Association (CRA) filed a complaint in federal court seeking to enjoin enforcement of Senate Bill (S.B.) 399, signed into law by Governor Gavin Newsom in September of 2024.Continue Reading Recent Litigation in California Challenges New Captive Audience Meeting Bill

On December 31, 2024, Service Employees International Union, Local 560 (SEIU), the union seeking to represent the men’s basketball team at Dartmouth College, withdrew its petition to the National Labor Relations Board (NLRB), effectively ending its effort to become the first labor organization to unionize a collegiate athletic program.Continue Reading You Can’t Miss a Shot If You Don’t Show Up to the Game: Union Pulls Petition to Unionize Dartmouth Basketball Team

Employers need to be prepared to post required workplace injury and illness information by February 1, 2025.

Pursuant to Occupational Safety and Health Administration (OSHA) regulations, unless an industry-specific exemption applies, employers with 10 or more employees must keep a Log of Work-Related Injuries and Illnesses (i.e., OSHA Form 300) and must complete an Injury and Illness Incident Report (i.e., OSHA Form 301) for each recordable injury or illness.Continue Reading Approaching Deadline to Post Last Year’s Work-Related Injuries and Illnesses