Labor Days

News and analysis from Kelley Drye’s labor and employment practice

The DOL’s Bold Step to Expand Overtime Protections

In a significant but not surprising move, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking on August 30, 2023, proposing to increase the Fair Labor Standards Act’s (“FLSA’s”) minimum salary…

Proposed EEOC Regulations Mandate Employers to Accommodate Pregnant and Postpartum Workers Regardless of Circumstances

Effective June 27, 2023, covered employers must comply with the Pregnant Workers Fairness Act (PWFA) —a new law that requires covered employers to provide “reasonable accommodations” to workers limited by pregnancy,…

CA Supreme Court Holds Employees Can Pursue PAGA Representative Claims Despite Arbitration Agreement

Last year, we discussed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (“ Viking River ”), 596 U.S. [142 S.Ct. 1906] (2022), holding that an arbitration agreement between a…

Did the Supreme Court Put All DEI Programs at Risk?

It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy.…

End of COVID-19 National and Public Health Emergencies

President Biden announced in January that the COVID-19 National Emergency (“NE”) and Public Health Emergency (“PHE”) would both end on May 11, 2023. Accordingly, the Departments of Labor, Health and Human Services, and…