February 29, 2024

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.


What's Old Is New Again: Department of Labor Issues Final Rule Returning to Totality-of-Circumstances Test to Determine Independent Contractor Status

Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor Standards Act (FLSA). This rule, which goes into effect on March 11, 2024, rescinds the 2021 Independent Contractor Rule and returns to a six-factor test which evaluates the "economic reality" between a potential employer and a worker. As misclassification of workers is a quick and easy way to incur steep penalties, employers who utilize independent contractors should review the requirements of the DOL's new rule.

New State Data Privacy Laws in 2024

U.S. privacy laws continue to develop in the new year, as several jurisdictions have enacted and updated privacy legislation. There are now 15 states with comprehensive data privacy laws: California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, New Jersey, New Hampshire, Oregon, Tennessee, Texas, Utah, and Virginia.

Education Round-Up: Emerging Employee and Student Handbook Updates for the 2024-2025 School Year

Each year, new issues, technologies, and events impact the way that independent schools set and carry out their expectations, values, and procedures in their communities. As independent schools embark on the 2024-2025 school year, it is imperative that they ensure that their employee and student handbooks are not only comprehensive but also address new and evolving issues affecting independent schools. Below, we have summarized several new policies that independent schools should consider implementing for the upcoming school year.

Attorney Spotlight

Keith Olsen: I was drawn to labor and employment because it provides an opportunity to work on matters that affect the day-to-day lives of people. While my professional experience has largely been in higher education, I'm looking forward to working with clients across a variety of sectors and industries. I'm also interested in the diverse set of experiences that an L&E attorney is exposed to as I build my practice.

About the Labor and Employment Group

The national, 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.

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