Patrick Cain

Jan 20, 2025 | jdsupra.com | Patrick Cain |Daniel Goldstein |Ian Jones

[co-author: Isabella Loarte-Ciudad]On January 15, 2025, the U.S. Supreme Court unanimously resolved a split among federal Circuit Courts and found employers need only demonstrate by a “preponderance of the evidence” standard that an employee is exempt from the minimum wage and overtime compensation requirements of the Fair Labor Standards Act (FLSA).

Nov 18, 2024 | mondaq.com | Patrick Cain |Matthew Clarke |Yash B. Dave |Kathryn Lundy

On Wednesday, November 13, 2024, the National Labor Relations Board ("NLRB") issued a decision prohibiting captive audience meetings — mandatory meetings held during work hours to explain the employer's position on union-related matters — finding that they violate National Labor Relations Act ("NLRA") Section 8(a)(1) which forbids employers to "interfere with, restrain, or coerce employees in the exercise" of their labor rights. The decision overrules nearly eighty years of precedent.

Nov 18, 2024 | jdsupra.com | Patrick Cain |Matthew Clarke |Yash B. Dave

On Wednesday, November 13, 2024, the National Labor Relations Board (“NLRB”) issued a decision prohibiting captive audience meetings — mandatory meetings held during work hours to explain the employer’s position on union-related matters —  finding that they violate National Labor Relations Act (“NLRA”) Section 8(a)(1) which forbids employers to “interfere with, restrain, or coerce employees in the exercise” of their labor rights. The decision overrules nearly eighty years of precedent.

Oct 22, 2024 | jdsupra.com | Patrick Cain |Matthew Clarke |Yash B. Dave

On October 7, 2024, the General Counsel of the National Labor Relations Board (“NLRB”) issued a memorandum (the “Memorandum”) to all NLRB Regional Directors, Officers-in-Charge, and Resident Officers (i) expanding upon the General Counsel’s previous conclusion in a May 30, 2023 memorandum (See NLRB Non-Compete Alert dated June 13, 2023) that most non-compete provisions contained in employment agreements and severance agreements violate the National Labor Relations Act (the “Act”), (ii)...

Sep 9, 2024 | jdsupra.com | Patrick Cain |Matthew Clarke |Yash B. Dave

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of Labor (“DOL”) that restricted when employers may claim a tip credit for tipped employees under the Fair Labor Standards Act (“FLSA”). The FLSA permits employers to take a tip credit when paying the wages of any tipped employee.