This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations Board’s (NLRB’s) joint-employer rule, and SpaceX’s groundbreaking suit against the NLRB.

Video: YouTube

Podcast: Amazon Music / Audible, Apple Podcasts, Audacy, Deezer, Google Podcasts, iHeartRadio, Overcast, Pandora, Player FM, Spotify.

DOL Publishes Final Rule on Worker Classification

On January 9, 2024, the DOL released its final rule on worker classification under the FLSA. This final rule rescinds and replaces the rule established under President Trump in 2021.

NLRB Joint-Employer Rule Faces Challenges at the Top

The NLRB revived an Obama-era standard last year, issuing a final joint-employer rule. The House of Representatives recently voted to repeal the rule, which will take effect in February 2024. President Biden has said he will veto the repeal if it passes the Senate.

SpaceX Sues NLRB for Violating U.S. Constitution

SpaceX recently filed suit in Texas against the NLRB, accusing the agency of an unconstitutional exercise of authority.

This story and the previous two stories show deep disagreements about how much authority federal agencies should wield. That’s a question the U.S. Supreme Court is taking head-on in this term.

Other Highlights

Getting a Grip on Griping
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Tryphena Liu, Scarlett L. Freeman, Frances M. Green

New York Appellate Court Finds No Private Right of Action for Frequency of Pay Claims, and Governor Proposes Amendments to Limit Recovery of Liquidated Damages for Such Claims
Wage and Hour Defense Blog
Jeffrey H. Ruzal, Eduardo J. Quiroga, Alexandria Adkins

California Amends Noncompete Law (Again) and Adds a Notice Requirement
Trade Secrets & Employee Mobility
David Jacobs, Jennifer L. Nutter, Phillip K. Antablin

Trade Secrets Litigation: 2024 Update
Trade Secrets & Employee Mobility
Peter A. Steinmeyer

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