Hunton Employment & Labor Perspectives

In an unusual ruling, Pennsylvania federal judge Michael M. Baylson (i) invoked a court’s inherent powers to manage its docket in dismissing with prejudice a long-running collective action lawsuit against Uber Technologies, Inc. (“Uber”) but also (ii) awarded—after a second hung jury—victory to Uber on the merits by granting its Rule 50(b) motion for judgement as a matter of law.

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One Year Later: The Effects of the Harvard/UNC Decision on DEI

The Consumer Financial Protection Bureau (the “CFPB”) has added itself to the list of agencies that view broad confidentiality agreements given to employees with scepticism. In a Circular published on July 24, 2024, the CFPB stated that requiring employees to sign a broad confidentiality agreement could violate Section 1057 of the Consumer Financial Protection Act (the “CFPA").

As financial institutions consider their ever-growing list of compliance obligations, they would be remiss in not evaluating their employment-related obligations as a federal contractor.

Hunton Andrews Kurth LLP is proud to announce that labor and employment partner Amber Rogers was honored by Corporate Counsel in the category of Collaborative Leadership in the publication’s 2024 list of the Women, Influence & Power in Law Awards.

The National Labor Relations Board finalized its anticipated rollback of several Trump-era union elections rules that will make it harder for employers to decertify or challenge union claims of majority status.

Last week, the United States Court of Appeals for the Fifth Circuit dismissed an appeal by the National Labor Relations Board (“Board” or NLRB) of a federal district court’s decision to vacate a new joint employer rule that initially was slated to take effect months ago. 

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a long-awaited proposed rule to prevent heat-related injuries and illnesses in the workplace.  OSHA initiated the rulemaking process in October 2021 as part of its ongoing heat-related illness prevention initiative.

We recently posted an article on Hunton’s Retail Law Resource blog regarding the U.S. Supreme Court’s decision to grant cert E.M.D. Sales, Inc. v. Carrera.  In that case, the Supreme Court is expected to clarify the burden of proof that employers must meet in order to prove that employees are exempt from the minimum wage and overtime requirements under the Fair Labor Standards Act.

On June 27, 2024, the Supreme Court released its opinion in Securities and Exchange Commission v. Jarkesy, which weakens the enforcement power of administrative agencies to adjudicate certain matters within the agency itself.