Nalee Xiong

On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”) new final rule for determining joint employer status under the National Labor Relations Act (“NLRA”).… Continue Reading

On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act FLSA), which would result in millions of workers who are now exempt from overtime requirements being entitled to time and one half pay when they work more than 40 hours in a workweek. … Continue Reading

On August 18, 2023, in Hamilton v. Dallas County, the Fifth Circuit Court of Appeals reversed decades of precedent by broadening the standard for what constitutes an actionable adverse employment action.

Previously, an adverse employment action for Title VII discrimination claims consisted of an “ultimate employment decision” such as “hiring, granting leave, discharging, promoting, and compensation.”… Continue Reading

On August 8, 2023, the U. S. Department of Labor (“DOL”) issued a final rule revamping its procedures for determining prevailing wages under the Davis-Bacon and Related Acts (collectively, DBRA). This is the first time in forty years that DOL has revisited this process.

The DBRA requires payment of locally prevailing wages and fringe benefits for various classifications of workers on most federally funded or assisted contracts for the construction, alteration, or repair of public buildings or public works.… Continue Reading

On Wednesday, August 2, 2023, the National Labor Relations Board (“the Board”) continued its retreat from many of the decisions issued by its Trump-era iteration.  In Stericycle, Inc, 372 NLRB No. 113 (2023), the Board abandoned its decision in Boeing Co., 365 NLRB No. 154 (2017), which had announced a new business-friendly test for workplace rules, in favor of a framework derived by the Obama Board from Lutheran Heritage Village-Livonia, 343 NLRB No.… Continue Reading