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Patrick Cain

As seen in: JD Supra, iPolitics, Mondaq, The Fabricator
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Articles

FLSA Does Not Require Higher Standard of Proof for Employers to Demonstrate Employee Exempt Status Under the FLSA | JD Supra

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By Patrick Cain, Daniel Goldstein, Ian Jones
| JD Supra
[co-author: Isabella Loarte-Ciudad] On January 15, 2025, the U.S. Supreme Court unanimously resolved a split among federal Circuit Courts and found employers need only demonstrate by a “preponderance of the evidence” standard that an employee is exempt from the minimum wage and overtime compensation requirements of the Fair Labor Standards Act (FLSA).
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NLRB Prohibits Employers' Use Of Captive Audience Meetings In The Fight Against Unionization

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By Patrick Cain, Matthew Clarke, Yash B. Dave, Kathryn Lundy
| Mondaq
On Wednesday, November 13, 2024, the National Labor Relations Board ("NLRB") issued a decision prohibiting captive audience meetings — mandatory meetings held during work hours to explain the employer's position on union-related matters — finding that they violate National Labor Relations Act ("NLRA") Section 8(a)(1) which forbids employers to "interfere with, restrain, or coerce employees in the exercise" of their labor rights. The decision overrules nearly eighty years of precedent.
Open in Who Shared Issue with article?

NLRB Prohibits Employers’ Use of Captive Audience Meetings in the Fight Against Unionization | JD Supra

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By Patrick Cain, Matthew Clarke, Yash B. Dave
| JD Supra
On Wednesday, November 13, 2024, the National Labor Relations Board (“NLRB”) issued a decision prohibiting captive audience meetings — mandatory meetings held during work hours to explain the employer’s position on union-related matters —  finding that they violate National Labor Relations Act (“NLRA”) Section 8(a)(1) which forbids employers to “interfere with, restrain, or coerce employees in the exercise” of their labor rights. The decision overrules nearly eighty years of precedent.
Open in Who Shared Issue with article?
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