We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
Much ink has been spilled recently on the profound and disruptive impacts that many people believe artificial intelligence (AI) is having and will have on all aspects of our lives. This includes use and reliance on artificial intelligence tools such as ChatGPT and other similar technologies.
On May 19, 2023, the Sixth Circuit Court of Appeals became the second federal appellate court to address and reject a commonly applied “lenient” standard for plaintiffs to conditionally certify FLSA collective actions.
On May 1, 2023, the National Labor Relations Board (NLRB) issue a decision wherein it overruled precedent established during the Trump administration regarding when, how, and why an employee outburst may or may not be protected under the National Labor Relations Act (NLRA).
On April 20, 2023, the National Labor Relations Board (NLRB) issued a decision wherein it discussed and explained the grounds for affirmatively adding to and imposing a variety of remedies against repeat labor law violators.
At the end of 2021, we discussed in our Labor & Employment podcast some of the significant legal developments from that year. One of those developments involved the Fifth Circuit Court of Appeals - in a case styled Swales v. KLLM Trans. Servs., LLC - rejecting the prevailing “two-step” approach to FLSA conditional certification of overtime or minimum wage claims. This “two-step” approach has been repeatedly characterized by courts as “lenient” and widely considered to be favorable to plaintiffs.