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The United States Department of Labor (DOL) recently released its final rule on the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The new rule rescinds the DOL’s 2021 Independent Contractor Rule and...

John McKenzie was named Kastner Westman & Wilkins’ Managing Shareholder effective January 2024. He replaces Jim Wilkins, who served as K|W|W’s Managing Shareholder for four years, but will now focus more of his time on serving clients and mentoring K|W|W’s less...

As we approach the end of 2023 and prepare to usher in the new year, it's a good time to take a look at what's on the horizon for labor and employment law in 2024. From potential changes to noncompete agreements to new EEOC enforcement priorities, there's plenty to...

The National Labor Relations Board had a particularly busy summer, during which it released a number of major decisions that have collectively tilted the balance of federal labor law toward unions and against employers.  In many of its recent decisions, the Board not...

A new proposal from the U.S. Department of Labor seeks to increase the minimum required pay for salaried exempt employees to $1,059 per week ($55,068 per year), a more than 50% increase over current requirements. The DOL estimates that absent employer action, the...

Shareholders Jim Wilkins, John McKenzie and Tom Green were named to the just-released Best Lawyers® in America 2024 edition. Shareholder Amanda Smith and Associates Michael Karst, Julie Trout and Olivia Hochschwender earned Best Lawyers®: Ones to Watch 2024 status....

The United States Supreme Court recently released its decision in Groff v. DeJoy, which adjusted the standard by which employers must assess employee requests for religious accommodation. In a unanimous opinion, the Court held that to lawfully refuse to provide a...

The Fair Labor Standards Act (FLSA) allows employees to litigate minimum wage and overtime claims on behalf of themselves as individuals or as a collective action with other employees who are “similarly situated.” Assuming other employees are “similarly situated,”...

Employers are increasingly using new decision-making tools, including those with artificial intelligence, to assist them in making employment decisions such as hiring, promoting, and firing employees. Recently, the Equal Employment Opportunity Commission (EEOC) issued...