Department of Labor Proposes Rule That Would Entitle Millions of Employees to Overtime Compensation

By: Cody Weyhofen and John Vering

On August 30, 2023, the Department of Labor (“DOL”) announced a proposed rule that seeks to significantly raise the minimum salary threshold needed to qualify for overtime-pay exemptions under the Fair Labor Standards Act (“FLSA”). If the rule takes effect, it’s estimated that an additional 3.6 million employees will become entitled to overtime compensation.


Missouri Enacts Progressive Name, Image, and Likeness Law

By: Tate Thompson and Curry Sexton

In the absence of uniform laws from Congress or a more robust policy from the NCAA, states continue to look for ways to help their institutions compete in the name, image, and likeness (NIL) “arms […]

EEOC Issues Proposed Regulations for Pregnant Workers Fairness Act

By: Shannon Johnson

As explained in our previous client alert, the Pregnant Workers Fairness Act (“PWFA”), effective June 27, 2023, requires public and private sector employers with at least 15 employees to make reasonable accommodations for employees or applicants with known limitations related to or arising out of pregnancy, childbirth, and other related conditions, absent undue hardship. The PWFA did not define what constitutes a reasonable accommodation, and Congress required the Equal Employment Opportunity Commission (“EEOC”) to propose regulations by the end of the year to provide examples of reasonable accommodations, among other things.


NLRB Sharpens Review of Employee Handbooks

By: Cody Weyhofen, Mark Opara, and John Vering

On August 2, 2023, the National Labor Relations Board (“NLRB”) adopted
a new standard to determine whether an employer’s workplace rules or policies violate employees’ rights under the National Labor Relations Act (the “Act”). As a result, many employers will need to review and revamp their employee handbooks and manuals to avoid a potential lawsuit.


New Form I-9 and Alternative Inspection Procedure Now in Effect

By: Cody Weyhofen

The Department of Homeland Security (“DHS”) and U.S. Citizenship and Immigration Services (“USCIS”) recently announced changes to Form I-9 and its related document verification procedures. Although these changes will likely streamline the employee-onboarding process, employers will first need to comply with multiple upcoming deadlines and determine whether they qualify for remote verification procedures.


IRS Memo Questions Tax-Exempt Status of NIL Collectives

By: Tate Thompson and Curry Sexton

In a June memo released by the Office of the Internal Revenue Service (IRS) Chief Counsel, the IRS announced its position that, in most cases, it does not believe name, image, and likeness (NIL) collectives qualify as tax-exempt organizations under the Internal Revenue Code (IRC). Although not legally binding, the decision will likely have a significant impact on existing NIL collectives organized as nonprofits and granted tax-exempt status by the IRS.


Supreme Court Raises Standard for Employers to Deny Religious Accommodations

By: Katie Conklin

On June 29, 2023, the U.S. Supreme Court issued a unanimous opinion in Groff v. DeJoy, raising the standard for determining when a religious accommodation constitutes an “undue hardship” for an employer. Under the decision, an employer may only deny an employee’s request for religious accommodation if the accommodation would create a substantial hardship to the employer’s business.  


NLRB Modifies Independent Contractor Standard

By: Cody Weyhofen, John Vering, and Mark Opara

On June 13, 2023, the National Labor Relations Board (the “Board”) issued a decision revamping the test to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act (the “NLRA”). As a result, workers previously categorized as independent contractors may now be entitled to the rights and protections afforded to employees under the NLRA.