The National Labor Relations Board (“NLRB”) has been busy recently, reversing 80-year-old precedent concerning captive audience meetings and 40-year-old precedent concerning permissible statements about the impacts of unionization.
Read the full post on the Gulf Coast Business Law Blog here.
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In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action. In Smith v. Spizzirri,1 the Supreme Court settled a significant circuit split on the interpretation
The EEOC recently issued its final regulations interpreting the Pregnant Workers Fairness Act (the “PWFA”). The final rule, which becomes effective June 18, 2024, provides clarity regarding: (1) who and what types of limitations and medical conditions are covered under the PWFA; and (2) what accommodations are reasonable. The bottom line is that employers will
In E.M.D. Sales, Inc. v. Cabrera, the Supreme Court unanimously held that a preponderance of the evidence standard applies when an employer must demonstrate that its employees were correctly classified as exempt from the minimum-wage and overtime-pay requirements of the Fair Labor Standards Act (“FLSA”). That’s good news for employers and bad news for
The U.S. Department of Labor (“DOL”) has published its new final rule regarding whether workers are properly classified as employees, who are subject to the overtime and minimum wage protections of the Fair Labor Standards Act (“FLSA”), or independent contractors, who are not. The DOL claims that its new rule provides greater consistency for employers