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By Brian J. Shoot | February 1, 2024
The issues Brian J. Shoot discusses in this Construction Accident Litigation column share two points in common: (1) all have arisen in cases involving alleged violations of Section 200, 240 and/or 241(6) of the Labor Law, and (2) none are specific to so-called Labor Law actions.
19 minute read
By Samuel Estreicher | January 30, 2024
On Jan. 1, 2024, the Biden administration's DOL issued its final regulation on who is an employee versus who is an independent contractor. The regulation rescinds the Trump administration rule because, according to the administration, it emphasized two factors in a manner unsupported by the agency's traditional multifactor view and case law, and was inconsistent with the DOL's emphasis on "economic dependence" as a principal guidepost.
6 minute read
By Riley Brennan | January 29, 2024
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts.
4 minute read
By Avalon Zoppo | January 25, 2024
Tesla's CEO says his post about employees unionizing was protected speech beyond the labor board's reach.
4 minute read
By Jeffrey Campolongo and Scott M. Badami | January 19, 2024
What if a complaint asserts that a federal judge or member of the judicial staff engaged in the misconduct? Surely that would be prohibited by federal law, right? How can those allegations, which impact upwards of 30,000 judicial employees, be addressed in such a way as to ensure confidence in the process and to protect an employee who believes he or she was discriminated against?
6 minute read
By Jimmy Hoover | January 12, 2024
The justices will consider what test courts should apply in evaluating National Labor Relations Board requests for injunctions for alleged labor law violations.
3 minute read
By Sheryl B. Galler, Chair, Labor and Employment Law Section | January 12, 2024
Sheryl B. Galler, chair of the Labor and Employment Law Section, writes: We expect another busy year in 2024 as the law grapples with the effects of AI on the workplace and renewed debates over who is an employee and whether to limit post-employment restrictions.
3 minute read
By Colleen Murphy | January 9, 2024
"Equality in pay is not negotiable—it's mandatory," Attorney General Matthew Platkin said.
3 minute read
By Maria Dinzeo | January 9, 2024
The year is shaping up to be frenetic for employment law as state and federal regulators look to build a "worker-centric" economy that prioritizes employees' rights to organize and change jobs freely.
7 minute read
By Steven I. Adler | January 5, 2024
The Fearless Forecaster gives his annual predictions on what's likely to happen in employment and labor law in the new year.
6 minute read
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