Amy Kett

Sep 18, 2023 | lexology.com | Barry Burgdorf |William Ferreira |Stephanie Gold |George Ingham |Amy Kett

The U.S. Department of Labor (DOL) has proposed to substantially raise the pay thresholds that must be met for employees to be classified as exempt from overtime under the Fair Labor Standards Act (FLSA) “white-collar” exemptions.

Sep 5, 2023 | jdsupra.com | Muhammad S. Burney |George Ingham |Amy Kett

Under the current legal standard, an employee must meet three requirements to be classified as exempt from overtime under the FLSA executive, administrative, or professional exemptions – the so-called “white collar” exemptions: Satisfy a “duties test” (i.e., have and perform certain white-collar job duties); Be paid on a salary or fee basis (as opposed to an hourly basis); and Be paid at least $684 per week, which is roughly $35,568 a year.

Aug 17, 2023 | jdsupra.com | Muhammad S. Burney |Amy Kett |Kenneth Kirschner

Section 7 of the NLRA guarantees employees the right to self-organization, to form and/or join a union, to bargain collectively, to engage in concerted activity, and the right to refrain from all such activities. Section 8(a)(1) prohibits employers from interfering with, restraining, or coercing their employees in the exercise of Section 7 rights.

Aug 16, 2023 | lexology.com | Kenneth Kirschner |Amy Kett |Zachary Siegel |Muhammad S. Burney

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) finally released its much-anticipated decision in Stericycle, Inc., 372 NLRB No. 113 (2023). The Board re-examined its prior precedent and overturned Boeing Co., 365 NLRB No. 154 (2017). Boeing established standards for assessing whether facially neutral workplace rules chill employees’ Section 7 rights under the National Labor Relations Act (NLRA), in turn violating Section 8(a)(1) of the NLRA.

Feb 20, 2023 | jdsupra.com | Michael DeLarco |George Ingham |Amy Kett

[co-author: Saydee Schnider]Pay transparency laws are proliferating across multiple U.S. states and localities. For example, employers with a single employee in Colorado, California, Washington, or New York City that post advertisements for jobs that could be performed in such jurisdictions—including remote jobs—are likely required to include a good faith range of pay for the job in the advertisements.