Photo of Joshua A. Brand

Joshua A. Brand is an Associate of the Firm’s Labor & Employment Group. Josh represents employers in both federal and state courts in a wide variety of employment-related matters, including discrimination, harassment, and retaliation claims. He also handles litigation involving restrictive covenants.

On March 7, 2019, the United States Department of Labor issued a proposed new overtime rule that will raise the minimum salary threshold for workers to qualify for the white-collar exemption to the overtime provisions of the federal Fair Labor Standards Act (FLSA). Under the proposed Rule, the salary threshold will increase to $679 per week (equivalent to $35,308 annually) from $455 per week (equivalent to $23,660 annually), expanding overtime eligibility to more than one million workers. 
Continue Reading

For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as favorable to unions and a proverbial thorn in the side of employers and the business community. Here is a snapshot of last week’s activity: 
Continue Reading

On January 23, 2017, Philadelphia Mayor Jim Kenney signed into law a wage equity ordinance that makes it unlawful for an employer in the city of Philadelphia to ask about the wage history of a prospective employee at any stage of the hiring process. Under the new law, an employer may not condition employment on the job candidate’s disclosure of their wage history (which includes fringe benefits) or refuse to hire a candidate because of their refusal to respond to an inquiry about their past wages. The ordinance also prohibits employers from relying on a candidate’s wage history in order to determine the amount that it will offer a candidate unless the candidate has “knowingly and willingly” disclosed such information to the employer during the hiring process.
Continue Reading

On November 21, 2016, a federal judge in Texas issued a nationwide injunction blocking the Department of  Labor’s new overtime rule, which sought to expand the obligations of employers to pay overtime by, among other things, doubling the minimum salary threshold for the “white-collar” exemption under the FLSA. The decision brings relief to employers who were bracing themselves for the rule’s December 1, 2016 effective date. 
Continue Reading