I was quoted in a Law360 article addressing state attorneys general (AG) prioritizing the misclassification of employees as independent contractors.Continue Reading State Enforcement of Employee Misclassifications
Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional
In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and other employers. Continue Reading Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional
Employer Tips For Dealing With ICE
I was quoted in a Nashville Business Journal article examining what business owners should know as the U.S. Immigration and Customs Enforcement (ICE) has increased its presence in downtown Nashville in recent weeks.Continue Reading Employer Tips For Dealing With ICE
Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer
A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit against BlueCross BlueShield (BlueCross) after BlueCross terminated her at-will employment.Continue Reading Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer
Fourth Circuit Terminates Maryland District Court’s DEI Injunction
On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing”
Register Now | Responding to Policy Shifts Under the Trump Administration
As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.
From dramatic shake-ups in the EEOC and NLRB to increased scrutiny of DEI practices, employers are facing yet another season of uncertainty.
Continue Reading Register Now | Responding to Policy Shifts Under the Trump Administration
Big Changes Are Coming to the NLRB with President Trump’s Second Term
The National Labor Relations Board (NLRB) is poised for a major shift following recent changes under the Trump administration. With two open seats on the board, President Trump is expected to appoint Republican members, reshaping the NLRB’s political landscape and reversing key Biden-era labor policies.Continue Reading Big Changes Are Coming to the NLRB with President Trump’s Second Term
Webinar | ICE Workplace Raids: Best Practices and Preparation for Employers
Along with my colleagues Anna Grizzle, Lisa Rivera and Elizabeth Warren, I provide guidance and best practices on effectively responding to a U.S. Immigration and Customs Enforcement (ICE) raid.Continue Reading Webinar | ICE Workplace Raids: Best Practices and Preparation for Employers
Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision, some courts had imposed a more difficult clear-and-convincing standard of proof. But, the Supreme Court made clear that the preponderance-of-the-evidence standard of proof applies.Continue Reading Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
Insight for Law360 on Rideshare Wage Actions
I was quoted in an article on Law360 Employment Authority examining state attorneys general lawsuits against rideshare companies Uber and Lyft regarding worker classifications. The story follows the one-year anniversary of a $328 million settlement reached with both companies in New York.Continue Reading Insight for Law360 on Rideshare Wage Actions