Labor & Employment Workforce Watch May 2022

A guide to the employment law developments most likely to impact your business.

In This Issue:

DOL Expected to Raise the Salary Basis Threshold
The United States Department of Labor (“DOL”) is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act (“FLSA”). read more

Florida’s “Stop WOKE” Act and Its Potential Impact on DEI Training
Florida Governor Ron DeSantis recently signed Florida House Bill 7/Senate Bill 148 (HB7), also known as the “Stop WOKE Act,” that will place strict limitations on the topics Florida employers can discuss at diversity, equity, and inclusion (“DEI”) trainings and seminars. read more

Marijuana Criminalization No MORE?
In recent years, forty-seven states have revised their regulatory schemes regarding marijuana, whether to permit its use for limited medical reasons or to decriminalize it altogether. read more

Is Independent Contractor Misclassification a Violation of the National Labor Relations Act?
Last month, a Regional Director for the National Labor Relations Board (“NLRB”) issued a Complaint and Notice of Hearing that could, if successful, dramatically change the landscape of independent contractor misclassification law in the U.S. read more

A New Horizon for California Employers? Impending SCOTUS Ruling Could Drastically Change the Course of PAGA Litigation
On December 15, 2021, the Supreme Court of the United States (SCOTUS) granted a petition for certiorari in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573 to determine whether the Federal Arbitration Act (FAA) “requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims,” including claims under the California Private Attorneys General Act (PAGA). read more

Scope of Transportation Worker Exemption to Federal Arbitration Act Under Review by U.S. Supreme Court
Employers in the transportation and shipping industry should keep their eyes out for the Supreme Court’s decision in Southwest Airlines Co. v. Saxon, as it may clarify—or shake up—how these industries utilize arbitration agreements. read more

Recent, and Upcoming, Changes in Illinois Employment Law
In 2021, the Illinois Equal Pay Act and the Illinois Business Corporation Act were amended to impose new compliance obligations on employers operating within the state. read more