LexisNexis® Legal Newsroom
Edwin Hopson
NLRB Appeals Ruling Enjoining its New Regulations Meant to Speed Up Union Elections

On August 1, 2012, we reported that in Chamber of Commerce of the United States, et al. v. National Labor Relations Board , Civil No. 11-2262, the U.S. District Court for the District of Columbia had enjoined on May 14, 2012, the NLRB's implementation...

Abbey Spanier
Will Home Care Workers Finally Get FLSA Protection?

Under the current version of the Fair Labor Standards Act (the "FLSA"), workers that provide companionship services, including home health care workers, are exempt from wage and overtime compensation requirements (the "companionship exemption"...

Margaret (Molly) DiBianca
The Inherently Dangerous Nature of Selling on a Street Corner

Independent contractor or employee? It's a hot question these days, for sure. A recent decision from the Delaware Superior Court answers the question in an unusual way--yes and no. In Colon v. Gannet Co., Inc. , No. N10C-04-007-MMJ (Del. Super. July...

Eric Meyer
Peanut butter cups for everyone! Thank you, Third Circuit!

After seeing Fatboy Slim perform in a bubble at the Olympics Closing Ceremony earlier this week , I had trouble falling asleep last. I tossed. I turned. But, I eventually drifted off into a deep sleep; a wonderful slumber. I dreamt that the Third Circuit...

Jon Hyman
Confidential workplace investigations are under attack … by the EEOC?

Earlier this month, I took the NLRB to task for its holding in Banner Estrella Medical Center that an employer's request to employees not to discuss a workplace investigation with their coworkers while the investigation was ongoing violated the employees'...

Margaret (Molly) DiBianca
3d Cir. Decides Certification Standard for FLSA Class Claims

In an FLSA collective action brought in Delaware, Pennsylvania, or New Jersey (the three states within the 3d Circuit), there is a two-step process for class certification. At the initial stage, called conditional certification, the burden is low. At...