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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
May 11, 2023

NLRB Reverses Course on Employee Outbursts

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). 

Employer Law Blog
April 27, 2023

NLRB Imposes Additional Remedies

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.

Employer Law Blog
April 20, 2023

Federal Court Rejects Plaintiff-Friendly Approach to FLSA Conditional Certification

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.