U.S. Department of Labor Proposes New Rule to Determine Who is an Employee and Who is an Independent Contractor Under the Fair Labor Standards Act

by Adam Henningsen and Mollie Mohan On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule regarding how to determine who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The proposed rule would rescind an earlier rule on this topic that was published under the Trump Administration. The current rule’s “economic reality” test focuses on whether workers are economically dependent on an employer or are in business for themselves. The

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NLRB Proposes Changes to Joint-Employer Standard

by Adam Henningsen The National Labor Relations Board recently released a notice of proposed rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees”™ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules.  

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Missouri House Bill 1878 Puts New Restrictions on the Voter Registration Process

by Mark Timmerman Every school year, high schools and colleges across the country hold voter registration drives for students who have reached the age of 18. In Missouri, two voter registration laws set to go in effect on August 28, 2022 pose new challenges to any school that seeks to partake in this American tradition. These laws are a part of House Bill 1878, which was signed into law by Governor Parson on June 29, 2022. Missouri Revised Statutes read more

Supreme Court Rules in Favor of Praying Football Coach in Kennedy v. Bremerton School District

by Mark Timmerman Yesterday, the Supreme Court of the United States released its opinion in Kennedy v. Bremerton School District. In 2015, an assistant football coach named Joseph Kennedy, at Bremerton High School in Bremerton, Washington, was reprimanded by District administration for actions such as leading students in a pre-game prayer, conducting post-game talks that included religious content, and leading students in a prayer at the 50-yard line after games. The District, which is public, was concerned that his religious

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10 Things You Should Know About the Proposed Title IX Regulations

by Veronica Potter On June 23, 2022 ““  on the 50th anniversary of Title IX ““ the Department of Education released a Notice of Proposed Rulemaking (NPRM) with its proposed Title IX regulations. The proposed regulations were long awaited, as the plan to replace the existing 2020 Title IX regulations (2020 Regulations) enacted by the Trump Administration was announced shortly after President Biden took office. The unofficial version of the NPRM is available online now, and the

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Significant New Automatic Extension Period for Certain EADs

by Luke Phillips On May 4, 2022, U.S. Citizenship and Immigration Services (“USCIS”) published a Temporary Final Rule authorizing an increase of the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for certain renewal applicants who have filed a Form I-765, Application for Employment Authorization.   The automatic extension period will be raised from up to 180 days to up to 540 days from the expiration date displayed on the EADs of

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New Guidance on E and L Spouses”™ Employment Authorization

by Luke Phillips On March 18, 2022, U.S. Citizenship and Immigration Services (“USCIS”) announced that it is updating the guidance in its Policy Manual regarding what may be used as evidence of employment authorization for certain E and L nonimmigrant spouses. This updated guidance follows the November 2021 clarification from USCIS that it considers E and L spouses to be employment authorized incident to their valid E and L nonimmigrant status. Accordingly, USCIS and U.S. Customs and Border Protection have

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New CDC Guidance Removes Mask Requirements for School Buses

Effective February 25, 2022, the Centers for Disease Control and Prevention (“CDC”) no longer requires the wearing of masks on buses or vans operated by public or private school systems, including early care and education/child care programs. However, school districts may still require people to wear masks on buses or vans at their discretion.

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Federal Appeals Court Rules That Federal Law May Require Mask Mandates in Public Schools

by Jim Layton In a suit brought by parents of children with serious disabilities, the St. Louis-based U.S. Court of Appeals for the Eighth Circuit upheld an injunction against an Iowa law barring mask mandates in public schools. The court held that “mask requirements are reasonable accommodations required by federal disability law to protect the rights of Plaintiffs”™ children.” “Reasonable accommodations” for students (and staff) with disabilities are required by the federal Rehabilitation Act. Prior to the enactment of a

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