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  • Tuesday, December 6, 2022
    The U.S. Supreme Court has a number of major cases on its agenda this term, including three that could have a major impact on employment law as we know it. The three cases are on the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), and last but certainly not least affirmative action.
  • Tuesday, November 29, 2022
    In a recent decision, the U.S. Court of Appeals for the 3rd Circuit (which covers employers in Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands) confirmed that the ABC Test—long used by the New Jersey Department of Labor—sets forth the proper analysis for determining whether a worker is an employee or an independent contractor under the state’s wage and hour laws.
  • Tuesday, November 15, 2022
    Most HR professionals are aware that under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and similar state laws, they have to provide military leave for employees with military service obligations, such as those who serve in the National Guard and military reserves, and reemploy them when the duty is over. What often isn’t as clear is what obligations employers have while their employees are on military leave.
  • Wednesday, November 2, 2022
    In an unpublished opinion, a unanimous panel from the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in Maryland, North Carolina, South Carolina, Virginia, and West Virginia) provided some great insight into possible defenses against an Equal Pay Act (EPA) claim.
  • Tuesday, November 1, 2022
    With labor shortages leaving fast food and other minimum-wage work environments short-staffed, many businesses are relying on teenage employees to fill the void. But employers must be aware of applicable child labor laws, which aim to protect minors’ health and safety and to avoid interfering with their education. Employers should keep in mind three major categories of child labor protections under the federal Fair Labor Standards Act (FLSA)—job restrictions, hour restrictions, and time restrictions. The protections should inform all hiring, scheduling, and work assignment decisions.
  • Thursday, October 27, 2022
    If you are contemplating an unusual deduction from an employee’s paycheck, remember the Robinson family’s robot, and heed his famous warning, because one of the easiest ways for a West Virginia employer to run into trouble is by making an improper deduction from employees’ wages.
  • Tuesday, October 25, 2022
    The New Jersey Supreme Court recently issued a unanimous opinion stating that workers previously classified as independent contractors were actually employees of a drywall installation business. The court also found that whether the workers could “join the ranks of the unemployed” when the relationship with the company ends directly affects independent contractor status in New Jersey.
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