Hunton Employment & Labor Perspectives

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a long-awaited proposed rule to prevent heat-related injuries and illnesses in the workplace.  OSHA initiated the rulemaking process in October 2021 as part of its ongoing heat-related illness prevention initiative.

We recently posted an article on Hunton’s Retail Law Resource blog regarding the U.S. Supreme Court’s decision to grant cert E.M.D. Sales, Inc. v. Carrera.  In that case, the Supreme Court is expected to clarify the burden of proof that employers must meet in order to prove that employees are exempt from the minimum wage and overtime requirements under the Fair Labor Standards Act.

On June 27, 2024, the Supreme Court released its opinion in Securities and Exchange Commission v. Jarkesy, which weakens the enforcement power of administrative agencies to adjudicate certain matters within the agency itself.

The Supreme Court of the United States recently granted certiorari in Stanley v. City of Sanford, Florida—a consequential case about whether the Americans with Disabilities Act (ADA) covers former employees.  The case has practical significance for employers. 

Hunton Andrews Kurth LLP is pleased to announce that labor and employment partner Kurt Larkin has been named to Virginia Lawyers Weekly as one of 25 “Go To Lawyers” for employment law in the Commonwealth.

Last week, we reported Governor Gavin Newsom had announced that business and labor groups in California had reached a deal to preserve and reform the Labor Code Private Attorneys’ General Act of 2004, Cal. Lab. Code § 2698, et seq. (“PAGA”).  At the time of our report, the text of the new bills had not yet been released, but additional details are now available as the bills race to the Governor’s desk.

On May 24, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a notice and request for comments regarding a proposed information collection for federal contractors—FAR 52.204-10(d)(2) for first-tier subcontract information and FAR 52.204-10(d)(3) for executive compensation of first-tier subcontractors. The proposed rule notes this type of collection was previously approved, and there is now a renewed focus.

Most companies know the Fair Labor Standards Act (“FLSA”) requires employers to pay employees a minimum hourly wage plus overtime, unless an exemption applies. What may be surprising, however, is how broadly the FLSA and courts applying it define who is an “employer.”

Please join Hunton Andrews Kurth’s Immigration Team in a discussion of options for addressing common immigration challenges businesses face in 2024. This session will include potential visa options for employees, tips regarding consular interviews, and best practices for existing immigration programs. 

Business and labor groups in California have reached a tentative legislative deal to preserve—but reform—the State’s much criticized law known formally as the California Labor Code Private Attorneys General Act of 2004, Cal. Lab. Code § 2698, et seq. (“PAGA”).  Governor Gavin Newsom announced the deal on Tuesday.