On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented a more relaxed standard under which indirect—and even unexercised—control over another employer’s employees could qualify an employer as a “joint employer” with respect to application of the National Labor Relations Act (NLRA). If the new Joint-Employer Rule had gone into effect, it would have brought significantly more employers within the reach of the NLRA and the oversight of the NLRB.
In Chamber of Commerce of the United States et al. v. National Labor Relations Board et al., No. 6:23-cv-00553 (E.D. Tex. Mar. 8, 2024), the Chamber of Commerce and other entities sued the NLRB to enjoin the implementation of the new rule as unlawful on the grounds that it was contrary to common law and was arbitrary and capricious. The Court agreed and held that the rule could not take effect.Continue Reading
In this episode, host Jeff Stewart sits down with Tom Hams, Managing Director, National EPLI
Practice Leader at Aon, to discuss all things EPLI in The Employment Law Counselor podcast.
Among the topics covered are recent nuclear verdicts, attacks on DEI initiatives and wage and
hour lawsuits. Jeff and Tom also preview the upcoming Professional Liability Underwriting
Society EPLI Symposium.
Check out more episodes of The Employment Law Counselor Podcast.Continue Reading
The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2023 (“FY23”) Annual Report, which highlights the strides the Commission has made over the last fiscal year toward recovering from pandemic-related setbacks. Importantly, the report also provides several data points regarding the filing and disposition of employment related claims over the last fiscal year that every Massachusetts employer should know.
Complaints Filed in FY23
FY23 marked another increase in the number of complaints filed with the ... Continue Reading
In the newest episode of The Employment Law Counselor collaboration with Professional Liability Underwriting Society, Jeff Stewart sits down with Chris Williams from Travelers to understand how insurers underwrite EPLI policies, including what information they need, what factors they look at most, and even what industries they may stay away from. In addition, Chris and Jeff preview PLUS’s upcoming EPLI symposium.
Check out more episodes of The Employment Law Counselor Podcast.Continue Reading
On January 9, 2024, the United States Department of Labor (the “Department”) announced its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the Department will again apply a totality-of-the-circumstances economic reality test to determine a worker’s status as either an employee or independent contractor.
Four Scores and Some Years Ago
Since the 1940s, the Department and courts have applied an economic reality test to determine whether a worker is an employee or independent ... Continue Reading
With the New Year here, new laws, rules and regulations are now in effect that may impact your company’s business. While finalizing employee handbook revisions and preparing for the year ahead, employers should consider the following:
State Minimum Wage Changes
The federal minimum wage ($7.25/hour) has not changed in over a decade, but state and local laws pertaining to minimum wage rates are constantly changing. Employers should consider reviewing applicable minimum wage laws in their jurisdiction and evaluate their workforce (standard/seasonal/tipped/minor workers, etc.) to determine employee rate of pay.Continue Reading
New York City passed legislation amending the New York City Human Rights Law (NYCHRL)
to prohibit discrimination on the basis of height or weight. The new law prohibits employment,
housing, and public accommodation discrimination on the basis of a person’s actual or perceived
height or weight. New York City joins the growing list of jurisdictions which provide protection to individuals based on their height, weight, and body size.1
The new law generally prohibits New York City employers from discriminating against applicants
and employees on the basis of their actual or perceived height or weight in all employment
decisions.Continue Reading
In the newest episode of The Employment Law Counselor collaboration with Professional Liability Underwriting Society, Jeff Stewart interviews Mitch Terk, Vice President of Claims for Nexus Specialty, to explore how insurers and panel counsel work together. They have an insightful discussion on how an insurance company selects and assigns panel counsel, building relationships, and avoiding surprises as a matter progresses through litigation.
Check out more episodes of The Employment Law Counselor Podcast.Continue Reading
In this episode of the Employment Law Counselor, hosted by Jeff Stewart in collaboration with
Professional Liability Underwriting Society, Jeff is joined by Nancy Conrad, Managing Partner,
Lehigh Valley Office, for a discussion about how a new lawsuit is assessed and handled in the
first days after receiving the case. They look at how different parties – a business, an attorney
and an insurance company – work together to gather information and create an initial plan.
Check out more episodes of The Employment Law Counselor Podcast.
As year-end approaches, companies, both large and small, are busy closing out 2023 and putting plans in place for 2024. A key priority that should not be neglected as you make preparations to close out an old year and start a new one is updating your employee handbook. An updated employee handbook can be an effective tool to prevent legal liability, set the policies that reflect the realities of your business and communicate expectations to your employees. However, an employee handbook that is out-of-date or out-of-touch can both expose your company to legal liability and garble any ... Continue Reading
