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Landmark NLRB Decision Significantly Alters Labor Relations Landscape by...

On Friday, August 25, 2023, The National Labor Relations Board (NLRB) issued a highly anticipated decision in Cemex Construction Materials Pacific, LLC which fundamentally shifts the paradigm governing...

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The “Threshold Issue” – Will the Federal Overtime Rule Change (Again)?

This fall, employers may be faced with tough choices about how to handle overtime pay – at least, if the US Department of Labor (“DOL”) has its way.  Today, the DOL announced a notice of proposed...

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U.S. Departments of Homeland Security and State Accelerate ESTA Eligibility...

The U.S. Departments of Homeland Security (DHS) and State (DOS) announced in September that the agencies were expanding the list of Visa Waiver Program countries to include Israel, with a projected...

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NLRB Announces Final Rule for Employee-Friendly Joint Employer Test

As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an...

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Resurrected NLRB “Quickie” Election Rule to Take Effect December 26, 2023

This holiday season, the National Labor Relations Board (NLRB or the “Board”) has bestowed a gift on organized labor. On December 26, 2023, significant, labor-friendly changes made by the NLRB for...

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Biden Department of Labor Rolls out (Yet Another) “Independent Contractor”...

Misclassifying an employee as an independent contractor can have significant ramifications for a business, particularly in terms of exposure to claims for unpaid overtime under the Fair Labor Standards...

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U.S. Supreme Court to Decide U.S. Citizens’ Rights When a Consulate Denies a...

The U.S. Supreme Court (SCOTUS) has granted certiorari to hear Department of State v. Muñoz, at the request of the Biden Administration. The stakes are high.  It challenges the longstanding “doctrine...

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Supreme Court Stands Ready to Send Chevron to Sleep with the Fishes

On January 17, 2024, the Supreme Court of the United States heard oral argument in two cases challenging the continued validity of the Chevron doctrine. The two cases – Loper Bright Enterprises, Inc....

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Telework In The New Normal: How Reasonable Is It?

Federal laws, such as the Americans with Disabilities Act (“ADA”), Rehabilitation Act[1], and Pregnant Workers Fairness Act (“PWFA”)[2], and similar state laws require certain employers to provide...

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Credentialism and Disparate Impact Discrimination – No Degree, No Problem!?

The job search process was frustrating for my firstborn, Mateo.  He had his coder certificate and ten years’ experience as a security and IT specialist but when he applied for certain roles, even at...

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