Insights

Washington, D.C. - October 6, 2015: TXX Services, Inc. prevailed in a collective action/class action complaint filed against the company by two owner/operator representatives.

Washington, D.C. - February 3, 2010: Crowell & Moring LLP is pleased to announce that 19 of its attorneys have been honored by the New York State Bar Association (NYSBA) as 2009 "Empire State Counsel" for their outstanding pro bono effort s. The honor was bestowed at the NYSBA's annual Justice for All Luncheon on January 28, 2010 to attorneys who performed 50 or more hours of pro bono service in 2009.

On March 1, 2024, the New York City Department of Consumer and Worker Protection (“DCWP”) published a Workers’ Bill of Rights, which was developed in collaboration with the Mayor’s Office of Immigrant Affairs, the New York City Commission on Human Rights, and community and labor organizations in accordance with Local Law 161.  By July 1, 2024, all New York City employers are required to post prominently in the workplace the “Know Your Rights At Work” poster, which contains a scannable QR code linked to the DCWP website containing the Workers’ Bill of Rights.  Employers are also required to distribute a copy to each employee, and to provide every new hire with a copy on or before their first day of work.  Employers must also post it on their intranet or mobile app if they offer one for employees to use. 

Crowell & Moring previously reported that new paid leave laws would be in effect at the start of 2024 in Chicago and Illinois. (For more information, see Crowell & Moring’s December 1, 2023 Alert, “New Year Will Bring Changes to Paid Leave in Illinois and Chicago”). The Chicago City Council has now amended its Paid Leave and Paid Sick and Safe Leave Substitute Ordinance (“Amended Chicago Ordinance”), making a number of changes, including delaying the effective date to July 1, 2024. Cook County also followed suit, acting to bring its laws in line with the new Illinois and Chicago paid leave requirements, with the passage of the Cook County Paid Leave Ordinance (“Cook County Ordinance”) at the end of last year.  

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule on Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). Crowell & Moring previously reported on the proposed rule announced on October 11, 2022. The final rule rescinds the “core factors” independent contractor rule adopted by the Trump administration in 2021 and returns to a “totality of the circumstances” analysis for determining whether a worker is properly classified as an employee or independent contractor. According to the DOL, the new final rule institutes an analysis that better aligns with judicial precedent and the FLSA’s text and purpose. The final rule goes into effect on March 11, 2024.

A Crowell & Moring team led by Labor & Employment co-chair Jeffrey W. Pagano, with assistance from Herbert Meyer, Glenn Grant and Ira Saxe, successfully argued before the Court of Appeals for the D.C. Circuit ("DCCA") on behalf of Mail Contractors of America ("MCA"), and obtained reversal of a decision of the National Labor Relations Board ("NLRB") that found that MCA had unlawfully refused to bargain regarding a unilateral change of a driver relay point. The right of MCA, the largest U.S. Postal Service depot to depot mail carrier, to unilaterally change the relay point was contained in the Management Rights provision of MCA's final offer, implemented after impasse. The DCCA squarely rejected the NLRB's position that exercise of that right violated the National Labor Relations Act. The Court's Opinion is a landmark decision, and was featured as the lead article in the January 31, 2008 edition of the BNA Daily Labor Report, as it ensures an employer's ability to operate its business without interference of a union after implementation of a final offer.Court Documents:Mail Contractors of America v. NLRB, Nos. 06-1338, 06-1380, 2008 WL 220637 (D.C. Cir. Jan. 29, 2008)

Please join us for the next edition of Third Thursday – Crowell & Moring's Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law, emerging compliance issues, and best practices.

Over the past several months, the OFCCP has launched several key regulatory initiatives that, once finalized, will re-shape the compliance evaluation landscape and significantly expand the obligations imposed on federal contractors and subcontractors.  Join us for a 90-minute review of the following key initiatives and enforcement priorities – where they stand and what they will mean for the contracting community. 

Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.