Yesterday, a federal court issued a preliminary injunction temporarily preventing the DOL from implementing and enforcing its recent Persuader Rule pertaining to outside consultants’ (including lawyers) reporting obligations in the labor relations context.
Continue Reading DOL’s Controversial Persuader Rule Preliminarily Enjoined

As we previously reported, the Department of Labor (“DOL”) issued a proposed rule expected to significantly increase the number of employees who are eligible for overtime. Most notably, the proposed rule seeks to increase the minimum salary threshold for exempt workers from the current level of $23,660 to $50,440.
Continue Reading DOL’s New Overtime Rule To Be Released In Spring Of 2016

On December 24, 2015, the National Labor Relations Board (“NLRB” or the “Board”) held that rules in Whole Foods’ General Information Guide prohibiting unapproved tape and video recording in the workplace violate Section 8(a)(1) of the National Labor Relations Act (“NLRA” or the “Act”).
Continue Reading NLRB Finds That Company Rule Prohibiting Workplace Recordings Violates The NLRA

On Friday, August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s (“DOL”) 2013 rule extending FLSA overtime and minimum wage protections to employees of home health care agencies who provide “companionship services” or live-in domestic care.
Continue Reading D.C. Circuit Upholds DOL Rule Barring Third-Party Employers From Overtime, Minimum Wage Exemptions for Home Care Workers

In American Baptist Homes of the West d/b/a Piedmont Gardens (“Piedmont Gardens”), 362 NLRB 139 (June 26, 2015), the NLRB overruled longstanding precedent protecting the confidentiality of employee witness statements and adopted a new rule that balances the union’s need for the witness statement with the employer’s “legitimate and substantial confidentiality interests.”
Continue Reading NLRB’s New Rule May Change the Way Employers Conduct Investigations

On July 15, 2015, the Department of Labor (“DOL”) issued guidance which it claims is designed to reduce the misclassification of employees as independent contractors under the Fair Labor Standards Act (“FLSA”).
Continue Reading DOL Issues Guidance Claiming Most Workers Are Employees – Not Independent Contractors – Under the FLSA

On April 14, the National Labor Relations Board changed its rules for processing union elections. The new rules stack the deck against employers by decreasing the time between the filing of a petition and the election, which means that an employer now has less time to educate its employees about the potential impacts of unionization.
Continue Reading Lessons We Learned In Winning A Union Election Under the NLRB’s New Rules