Updates
Third Circuit to Employers: Beware this 22 Million Dollar Mistake
The Department of Labor (DOL) recently brought suit against East Pennsylvania Manufacturing (East Penn) under the Fair Labor Standard Acts (FLSA) for allegedly failing to pay thousands of employees for time they spent changing before and changing and showering after work. Because of their exposure to lead and other workplace hazards, this group of employees was required to change into uniforms before each shift, and shower after each shift.
The NLRB's Race to Turn Student Athletes into Employees Faces Its Next Hurdle—A Change in Administration
We previously reported that the National Labor Relations Board (NLRB) heard a complaint earlier this year against the NCAA, the University of Southern California, and the Pac-12 Conference for failing to classify student athletes as employees under the National Labor Relations Act (NLRA). The NLRB did not file this complaint without warning. The NLRB's former General Counsel, Jennifer Abruzzo (GC Abruzzo), issued a memorandum in 2021 officially setting her office's position that certain student athletes at private colleges and universities are employees protected under the NLRA. But without a current General Counsel and only two remaining Board Members the NLRB's initiative to recognize college athletes as employees under the NLRA is in limbo.
A Subcontractor's Employee Says the Government Customer Engaged in Harassment and Retaliation. Why Did the Prime Contractor Get Sued?
Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant one party the right to make decisions regarding whether and how another party's employees participate in the project (e.g., the government may reserve the right to approve all key personnel substitutions). But a recent court case underscores the legal risks that can arise when a prime contractor exercises its rights under such a clause by directing the subcontractor to remove its personnel from working on federal program.
Welcome Back Cassandra Brumback
Cassandra Brumback: I am thrilled to be back with my colleagues in Venable's Labor and Employment Group after a two-year federal clerkship. As a law clerk, I had a lot of responsibility in managing a heavy civil caseload, which included many employment cases. It was my job to ensure that my cases ran smoothly from the initial filing of the complaint to trial, and to resolve each motion fairly and efficiently along the way. I drafted over 80 opinions resolving dispositive motions, and the experience strengthened my writing skills and gave me valuable insight into how judges decide employment matters. I'm excited to return to work on behalf our clients with a new perspective on litigation, and to help them find success in federal court and beyond.
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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.