Current and former college athletes are suing the National Collegiate Athletic Association (“NCAA”) over the NCAA’s failure to pay them an hourly wage.  Last week, the Third Circuit heard argument about whether student athletes may be considered employees under the Fair Labor Standards Act.  (“FLSA”).  

The case before the Third Circuit is not unique.  In 2016

In a move with profound implications for workplaces, the Federal Trade Commission (“FTC”) on Thursday, January 5, 2023, issued a sweeping proposal that would ban all non-compete agreements between employers and employees.  While the timing was a bit of a surprise, the move had been telegraphed since mid-2020 when President Biden issued an executive order

As the holiday season approaches, the National Labor Relations Board (“NLRB”) issued four pro-labor decisions of varying impact.  One decision maintains the status quo; two decisions return to an Obama-era standard, and the fourth creates an entirely new remedy for unfair labor practice cases.  Each case will be addressed in turn below.

Maintaining the Status

The year is 2015.  An employee, employer, and local union enter into a last chance agreement that forbids the employee’s use of controlled substances.  If the employee violates the agreement, he may be subject to immediate termination.  Subsequently, the claimant begins using medical marijuana in compliance with the terms of the Palliative Use of Marijuana

For employers considering layoffs—as several in the tech sector have announced recently—there are multiple factors to consider to reduce exposure to lawsuits.

For example, employers may wish to examine whether the proposed layoff will have a disparate impact on a protected group.

But employers can also reduce their exposure to lawsuits by providing severance agreements

On Friday, the Chairman and the General Counsel of the National Labor Relations Board authored a letter to Congress, informing lawmakers that without additional funds in the upcoming year, the NLRB will be forced to furlough employees amidst a budget crisis — even as the agency’s workload surges. The letter paints the issue in stark

Recently the Connecticut Department of Labor (“DOL”) issued new regulations under the Connecticut Family and Medical Leave Act (“CTFMLA”). As detailed below, the new regulations explain the expanded coverage of the revised CTFMLA to a larger number of Connecticut employers and provide broadened benefits to covered employees.  While some of the changes merely mirror the

With all the changes going on in today’s workplace, we recognize that it can be hard to keep up.  Our firm continues to produce free webinars for our clients and contacts.  We are proud to announce our fall webinar series starts October 11th . Over the course of five webinars, we’re covering all the

On September 6, 2022, the U.S. National Labor Relations Board (the “Board”) said “Happy Labor Day” to employers with a proposal to revive the employee-friendly, Obama-era standard of joint employment under the National Labor Relations Act (the “NLRA”). Under the proposed standard, one company may be deemed a joint employer of a second company’s employees

On August 29, 2022, the National Labor Relations Board (“NLRB”) reversed Trump-era case law and significantly limited when employers may restrict union insignia on clothing in the workplace.

The case, Tesla, Inc. 370 NLRB No. 131 (2022), arose after Tesla prohibited employees at a manufacturing facility from wearing clothing bearing union insignia during a union