A divided Supreme Court held that the First Amendment’s free speech protection bars Colorado from requiring a website designer to create expressive designs that convey messages with which the designer disagrees.
On June 13, 2023, the NLRB issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for “independent contractor” (as opposed to “employee”) under the NLRA.
On January 17, 2023, a divided D.C. Circuit panel struck down three provisions of the National Labor Relations Board’s 2019 final rule on representation case procedures related to union elections, while upholding two challenged provisions.
After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022.
On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.
The NLRB held on October 3 that the employer’s obligation to deduct union dues from an employee’s wages and remit to the union under a collective bargaining agreement, must continue after the expiration of that collective bargaining agreement.
In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing regulations.
On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. These semi-annual regulatory agendas outline federal agency goals for the months ahead.
