On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through opinion letters, which are formal, written guidance on how a DOL enforcement agency would apply federal labor law in a specific
On May 9, 2025, New York Governor Kathy Hochul signed Senate Bill S3006C into law which concerns New York State’s education, labor, housing, and family assistance budget for the 2025-2026 fiscal year. This budget, among many other things, amends New York Labor Law § 198 to limit the damages available in cases brought under NY
On May 1, 2025, the U.S. Department of Labor (DOL) published FAB No. 2025-1, providing guidance to its field staff on the analysis to apply when determining whether a worker is an independent contractor or employee for purposes of Fair Labor Standards Act (FLSA) enforcement.
The independent contractor vs. employee analysis under the FLSA
On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion on the requirements for plaintiffs to survive a motion to dismiss regarding an allegation that plan fiduciaries engaged in a prohibited transaction under the Employee Retirement Income Security Act of 1974 (“ERISA”). Cunningham v. Cornell University, 23-1007 (U.S. 2025).
On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the salary-basis test, a key factor in determining whether an employee is properly classified as “exempt” from
On March 25, 2025, in Tudor v. Whitehall Central School District, the United States Court of Appeals for the Second Circuit vacated the Northern District of New York’s grant of summary judgment in favor of the Whitehall Central School District (the “District”) on a failure-to-accommodate claim brought under the Americans with Disabilities Act (ADA)
On March 17, 2025, the New Jersey Supreme Court unanimously held in Musker v. Suuchi that commissions are included in the definition of “wages” under New Jersey’s Wage Payment Law (“WPL”). Wages under the WPL are defined as “direct monetary compensation for labor or services rendered by an employee, where the amount is determined on
On February 12, 2025, the U.S. District Court for the District of Oregon issued an important decision in Porteous v. Flowers Foods, Inc. regarding the enforceability of class and collective action waivers contained in otherwise unenforceable arbitration agreements.
On February 3, 2025, President Trump appointed William B. Cowen as Acting General Counsel for the National Labor Relations Board (NLRB). Cowen has previously served in a variety of roles throughout the agency, including most recently as Regional Director for the Los Angeles Regional Office and previously as the NLRB’s Solicitor and an NLRB member.
Late on Monday, January 27, President Trump said “you’re fired” to two key National Labor Relations Board (NLRB) officials. The dismissal of NLRB General Counsel Jennifer Abruzzo was widely expected and follows precedent set by President Biden when he fired Peter Robb, the NLRB General Counsel installed during the first Trump administration, on his first
