October 13, 2022

Labor and Employment Newsletter

3 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


National Labor Relations Board Proposes New Joint Employer Definition

On September 6, 2022, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking, which proposed a change to the standard for determining joint employer status under the National Labor Relations Act (NLRA)—a proposed change that results from the shift to an NLRB with a Democratic majority. A finding of joint employer status implicates a host of issues for affected employers, including the requirement that a joint employer must bargain with a union representing joint employees, potential liability for acts committed by the joint employer, and picketing by joint employees that might otherwise be illegal under the NLRA.

The Loud Legal Issues Hiding Behind “Quietly Quitting” Employees

Quiet quitting can happen in virtually any workplace and has become a buzzword to describe employees who perform the bare minimum required by their job, yet still work enough to avoid a termination for job abandonment. Much has been written about the phenomenon of quiet quitting, but quiet quitting does not occur in a vacuum. When complaints about an employee indicating a quiet quitting scenario surface to in-house counsel, the company’s lawyers must unpack the facts and circumstances to determine whether there are any legal issues driving the employee’s behavior. The following are a few of the potential liabilities that in-house counsel must vet when evidence of a possible quiet quitting situation percolates up to the general counsel’s office.

California Set to Up Wage Transparency Laws

Changes are on the horizon for California employers. Beginning January 1, 2023, California employers will be required to disclose pay scales for positions published in job postings, which follows from California's recently enhanced pay transparency legislation (SB 1162), signed into law by Governor Gavin Newsom on September 27, 2022 (the "Law").

Working Overtime: Considerations for Worker Classification in Higher Education

One of the chief concerns for any employer is determining the proper exemption status of its workers to ensure compliance with federal, state, and local wage and hour laws. Getting the exemption status of an employee wrong can lead to prolonged litigation and hefty penalties. Institutions of higher education (IHEs) can face particular challenges in this area, given the wide range of jobs that workers on campus perform. Accordingly, it is important that all IHEs be familiar with the factors that must be weighed when determining exemption status under the Fair Labor Standards Act (FLSA) to best mitigate the risk of lengthy and costly litigation.

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.