Governor Ron DeSantis has signed Senate Bill (SB) 266, officially prohibiting the state’s public colleges and universities from spending state or federal money on programs or campus activities that advocate for Diversity, Equity, and Inclusion (DEI).  The legislation aims to replace “niche subjects” like Critical Race Theory (CRT) and gender studies with “more employable majors,” according to the governor.  The law would also restrict public colleges from providing initiatives like anti-bias, DEI, and cultural competence training for educators, staff members, and students.

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status as employees, Regional Director Sacks found, Dartmouth’s men’s basketball players are eligible to vote in a union election petitioned for by Local 560 of the Service Employees International Union, a labor union that already represents several other more traditional employee groups at Dartmouth.

Tyler A. Sims says student athletes shouldn’t be classified as employees under the National Labor Relations Act.

Bloomberg Law

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While testifying at a congressional hearing, Tyler A. Sims said the potential consequences of unionizing could be damaging for athletes.

Inside Higher Ed

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Tyler Sims discusses the potential wage-and-hour implications of Dartmouth College’s men’s basketball team voting to form what may become the NCAA’s first-ever athlete labor union.

HR Dive

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Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about student-employees who seek to unionize, as required by the National Labor Relations Act (NLRA).

On August 6, 2024, the National Labor Relations Board’s general counsel issued a memorandum with her advice about how higher education institutions should handle this dilemma.

On March 26, 2024, the Phoenix (Arizona) City Council unanimously passed an ordinance requiring all city contractors and subcontractors to develop and maintain a written heat safety plan to prevent heat-related illnesses and injuries in the workplace. Outdoor workers in Phoenix may be susceptible to heat-related illness and injury due to the extreme Arizona temperatures.

Alka Ramchandani-Raj talks about the revised Cal/OSHA rule on indoor heat standards that would apply to all industries.

Bloomberg Law

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Alka Ramchandani-Raj discusses California’s new indoor and outdoor heat rule for employees and the ambiguity surrounding how the rule will be enforced.

Bloomberg Law

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On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.

As part of the Obama administration's commitment to accountability in spending under the American Recovery and Reinvestment Act (ARRA), the federal Office of Federal Contract Compliance Programs (OFCCP) will be tracking its ARRA-related and non-ARRA-related enforcement activities separately and aggressively auditing recipients of ARRA funds.

On July 7, 2009, OFCCP released a new directive that explains the different procedures that will apply in scheduling and conducting compliance evaluations for ARRA-funded contractors versus other federal contractors.

On October 1, 2013, the Department of Labor's Wage and Hour Division (DOL) published a final rule in the Federal Register eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home care agencies and other companies.  The new regulations also significantly narrow the exemption for home care workers employed directly by the individuals or families receiving home care services. 

The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the event of litigation.  The case also serves as a warning that even well-conceived independent contractor relationships may be open to question by a court that is inclined to distrust them.

Background

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

AUSTIN, Texas (January 16, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Tara Porterfield as senior counsel in its Austin office. Porterfield joins from Vinson & Elkins and brings more than 20 years of employment litigation experience.

WASHINGTON, D.C. (March 12, 2024) – Littler shareholder Tyler A. Sims testified today before the U.S. House of Representatives Committee on Education and the Workforce at a joint hearing of the Subcommittee on Higher Education and Workforce Development and the Subcommittee on Health, Employment, Labor, and Pensions on “Safeguarding Student-Athletes from NLRB Misclassification.”

(March 26, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed new leadership for its Bollo affinity group. Shareholders Kimberly N. Dobson (Long Island) and Kimberly J. Duplechain (Washington, D.C.) will serve as co-chairs, succeeding Shareholders Eric Mack (Providence) and LaToi Mayo (Lexington). Bollo provides support, development and networking opportunities for attorneys who identify as Black, African American, African, and Caribbean, and their allies.

WASHINGTON, D.C. (March 29, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Felicia Watson as senior counsel in its Washington, D.C., office. Watson joins from the National Association of Home Builders, where she served as assistant vice president of construction liability and research.

(May 30, 2024) – Littler, the world’s largest employment and labor law practice representing management, has been selected as one of the “Best Law Firms for Women and Diversity” for the 15th time by Seramount, a professional services and research firm dedicated to advancing inclusion, equity and diversity (IE&D) in the workplace for over four decades. Seramount annually surveys law firms to assess how they utilize best practices to recruit, retain, develop and advance lawyers who are women, people of color and those from underrepresented groups.

(June 21, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have been featured in the 2025 editions of Best Lawyers^® in France, Germany, Italy and the United Kingdom.

The individual attorneys that were listed include the following:

(August 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, has selected Devjani H. Mishra (Shareholder, New York) and Nicole S. LeFave (Shareholder, Austin) to lead its 'Ohana affinity group and SOAR Program, respectively.

(August 15, 2024) – More than 240 lawyers  from Littler, the world’s largest employment and labor law practice representing management, have been included in the 31st edition of The Best Lawyers in America^® guide.

Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation

(August 22, 2024) – Littler, the world’s largest employment and labour law practice representing management, and its attorneys in several Latin American offices have once again been recognized by Chambers and Partners in the Chambers Latin America 2025 guide.

Littler’s Colombia and Costa Rica offices earned a Band 1 ranking for Labour & Employment and its Mexico, Puerto Rico and Venezuela offices received band rankings in the same practice area.

In addition, the following attorneys were named as leaders in the field for the Labour & Employment practice area:

TORONTO (August 29, 2024) – Littler, the world’s largest employment and labour law practice representing management, is pleased to announce that three of its attorneys have been featured in the 2025 edition of The Best Lawyers in Canada™ in Labour and Employment Law.

The attorneys included in this year’s edition were:

Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

Wolters Kluwer

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On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01.  This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime pay under the Fair Labor Standards Act (FLSA).  

Stacey James and Jamie L. Santos discuss a California amendment that seeks to allow restaurants to support higher wages and benefits while clearly disclosing service fees to consumers upfront.

Wolters Kluwer

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Niloy Ray and Alice H. Wang say California’s Senate Bill 1047 represents another significant step forward in the state’s wide-ranging efforts to regulate the development and use of AI.

Daily Journal

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UPDATE: On May 17, 2024, Colorado Governor Jared Polis signed Senate Bill 24-205 into law, although not without reservations. Governor Polis sent a letter to the members of the Colorado General Assembly encouraging them to reconsider and amend aspects of Senate Bill 24-205 before it takes effect on February 1, 2026.

Zoe Argento says more companies are using tools like artificial intelligence that incorporate biometric identifiers, and so new privacy laws are likely to apply to a larger swath of employers than might think they must comply with them. 

The Sum & Substance

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Marko Mrkonich discusses findings in Littler’s AI C-Suite Survey Report that explains why it’s essential for employers to implement workplace generative AI policies.

Corporate Compliance Insights

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Alex MacDonald discusses his article “The Accidental Success of the NLRA: How a Law About Unions Achieved Its Goals by Giving Us Fewer Unions” on a podcast.

Labor Union News

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Erin Webber talks about how her father inspired her future career in labor and employment law and recalls her journey to become the Managing Director of Littler. 

MIZZOU Magazine

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