Blogs

Employment Law

Employee Noncompetes Violate Federal Labor Law, According to NLRB General Counsel

In a shot across the bow to U.S. businesses, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo recently issued a memo to all NLRB Regional Directors, Officers-in-Charge, and Resident officers making clear her view that “the proffer, maintenance, and enforcement” of non-compete provisions in employment agreements violate the National Labor Relations Act (NLRA),…

June 27, 2023

Employment Law

Avoiding Improper Employee FLSA Classifications

In a prior post, I discussed the five “white-collar” exemptions to the Fair Labor Standards Act’s (“FLSA”) minimum wage and overtime pay requirements. This post addresses the consequences of improperly classifying employees as exempt, identifies common classification mistakes, and offers suggestions and recommendations to ensure proper classification. Consequences of Improper Classification The ramifications of improperly classifying…

June 26, 2023

Employment Law

NLRB Ditches Trump-Era Independent Contractor Test – Reverts to 2014 Obama Standard

In The Atlanta Opera, 372 NLRB 95 (2023), a decision that may have particular significance for gig-economy businesses relying extensively on independent contractors, such as DoorDash and Lyft, the National Labor Relations Board (Board) got rid of its Trump-era independent contractor test under the National Labor Relations Act (NLRA) that had focused special significance on…

June 21, 2023

Employment Law

A Practical Guide to FLSA Exemptions

The federal Fair Labor Standards Act (“FLSA”), which applies to nearly all private-sector employers in the United States, establishes an important distinction between (1) non-exempt (a.k.a. hourly) workers, who are subject to the FLSA’s minimum wage and overtime requirements, and (2) exempt (a.k.a. salaried) workers, who are exempt from such requirements. The most common FLSA…

June 14, 2023

Employment Law

Holidays and Calculating FMLA Leave

The Family and Medical Leave Act (FMLA) has been around for about 30 years. It is straightforward in its purpose: to provide eligible employees with unpaid leave to bond with a newborn, newly adopted, or newly placed child, care for a seriously ill child, spouse, or parent, or to care for their own serious health…

June 1, 2023

Employment Law

Remote Work Revolution: Legal Challenges and Telecommuting

The so-called “remote work revolution” has transformed the way we work, with telecommuting becoming the new norm for many businesses in Virginia. As employers and employees adapt to this change, it is essential to understand the employment law challenges that come with remote work. In this blog, we will explore the legal implications of…

May 15, 2023

Employment Law

Elon Musk’s “What Not to Do” Moments – Part 4: Racial Discrimination by Supervisors Should Never be Tolerated!

Recently, in Elon Musk’s “what not to do moments,” Part 3, I blogged about a series of tweets by Musk back in May 2018, that an administrative law judge of the National Labor Relations Board (NLRB) concluded had created an “unlawful threat” under the National Labor Relations Act (NLRA) because Tesla employees could reasonably have…

April 11, 2023

Employment Law

Elon Musk’s “What Not to Do” Moments – Part 3: Just Say No to Twitter!

Elon Musk has become a treasure trove of “what not to do moments” on Twitter for U.S. employers. Recently I blogged about Musk’s twitter exchange dust up with Haraldur Thorleifsson, a disabled Twitter employee, with Musk appearing to question whether Thorleifsson was disabled and to criticize his work ethic. Musk subsequently apologized to Thorleifsson, claiming…

April 6, 2023

Employment Law

FTC Votes to Extend Public Comment Period for Proposed Ban on Non-Competes

The Federal Trade Commission (“FTC”) recently voted to extend the public comment period for its proposed new rule to ban employers from imposing non-competes on their workers. The public comment period was extended by the FTC for 30 days, until April 19, 2023. Originally the public comment deadline had been March 20, 2023. The proposed…

March 20, 2023

Employment Law

Elon Musk’s “What Not to Do” Moments, Part 2: Don’t Forget to Tell Your Employees That They Have Been Terminated!

In Part 1 of Elon Musk’s “what not to do” employment law moments, I wrote about the possible legal risks of a disparate treatment or hostile work environment employment discrimination claim that can arise under the ADA or Title VII when an employer makes disparaging and insensitive comments about an employee’s protected characteristics. In Musk’s…

March 13, 2023