Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This is the latest in a series of court and agency decisions involving student-athletes seeking employee status at their colleges and universities. As we reported in February, the National Labor Relations Board (NLRB) recently ruled that the student-athletes on the Dartmouth College men’s basketball team are “employees” under the National Labor Relations Act (NLRA) and, therefore, were eligible to vote on whether to unionize (see Trustees of Dartmouth College, Case No. 01-RC-325633). This decision, which was issued by Regional Director for Region 1 Laura Sacks, is currently on appeal to the full NLRB. These decisions are likely to encourage additional litigation by student-athletes across the U.S.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Josh Riggs, owner of Social Cannabis, based in Denver, CO. They delve into the complexities of managing employee conduct in the highly regulated cannabis industry and reflect on the evolution of the industry, highlighting its unexpected sophistication and the challenges of compliance with various laws. Tune in for a unique discussion featuring clips from Dave Chappelle’s Half Baked.

As workers were leaving their offices for the Fourth of July holiday, the Northern District of Texas issued its much-anticipated order preliminarily enjoining the effective date of the Federal Trade Commission’s (FTC) controversial noncompete ban rule. The court’s decision, however, is limited to the named plaintiffs — a tax accounting firm and several business groups — in the case. Although the stay is temporary pending the court’s final decision on the merits of the case and applies only to the movants in the case, it signals that a permanent and nationwide injunction is likely.

In this episode of Hiring to Firing, hosts Tracey Diamond and Evan Gibbs delve into the complexities of employing foreign workers with special guest Robert Lee, partner at Troutman Pepper who leads the firm’s immigration practice. Listen as they discuss various work visas and legal compliance issues involving business immigration. The episode also explores the real-life implications of visa denials and the process of marriage-based citizenship, featuring clips from the popular film, The Proposal, starring Sandra Bullock and Ryan Reynolds.

Q. Is there a new standard in New Jersey for disparate impact discrimination?

A. The New Jersey Division on Civil Rights recently proposed new rules revising the legal standard for disparate impact discrimination and outlining the burdens of proof required under the New Jersey Law Against Discrimination. In addition to outlining a new standard for disparate impact discrimination in employment, the rules also include updated standards and guidance for housing, housing financial assistance, public accommodations, and contracting sectors.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Terri Gillespie, general counsel at Stateside Brands, a family-run business. The three draw parallels from the popular TV series, Modern Family, and share their own personal experiences working with family members. Join us for an engaging conversation, offering practical advice on how to navigate the unique challenges of working with family while making the most of its benefits.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs, along with Erin Cannon, director of diversity, equity, and inclusion (DEI) at Troutman Pepper, draw parallels between the popular reality TV show Big Brother to discuss the future of corporate DEI programs after the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard. They discuss the benefits of affinity groups, the importance of allyship, and the significance of focusing on inclusion and belonging in the workplace.

Register Here
Tuesday, May 21 • 2:00 – 3:00 p.m. ET

The Federal Trade Commission (FTC) recently voted along party lines to enact a comprehensive ban on nearly all worker noncompetition provisions. This final rule, which applies to a broad range of employers and employees – from entry-level to executives, is scheduled to become effective on September 4, 2024, 120 days following its publication in the Federal Register on May 7, 2024.

In this insightful episode of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, attorneys Paul Porretta and Christopher Stock delve into the complex world of multiemployer pension plans. They discuss critical considerations for businesses contemplating the purchase of entities that contribute to these plans. Topics include evaluating the implications of multiemployer pension plan contribution obligations and withdrawal liability exposure, key diligence to focus on, and deal points the parties may consider. Join us to uncover the significant risks and liabilities associated with these plans and gain valuable insights into strategic planning for your business’ future.

Q. Has OSHA issued any new rules addressing employees’ rights to have representation during an OSHA inspection at a private employer’s worksite?

A. Yes. Earlier this month, the Occupational Safety and Health Administration (OSHA) issued a Final Rule that significantly revises OSHA’s longstanding regulations concerning an employee’s right to choose a representative to participate during OSHA’s physical inspection of a workplace. Under the new final rule, employees will be permitted to bring other employees or nonemployee third parties (including nonemployee union representatives) on OSHA walkarounds at union and nonunion workplaces, if these individuals are “reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace by virtue of their knowledge, skills, or experience.” The new rule will take effect on May 31.