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Posted By: Terresa Bakner, Charles Gottlieb and Jordyn ConwayIntroduction:On May 25, 2023, the Supreme Court of the United States (SCOTUS) released an opinion, in Sackett v. EPA, seeking to clarify the definition of “Water of the United States” (WOTUS) for the purposes of federal regulation. [1] The decision, written by Justice Alito, confronts years of uncertainty and confusion regarding the “significant nexus” test that has been relied on by the Biden, Trump, and [...]

On June 13, 2023, the National Labor Relations Board (the “Board”) issued a decision modifying the independent contractor standard under the National Labor Relations Act (the “Act”). The modified standard may make it more difficult for employers to establish that its workers are independent contractors, rather than employees, and therefore, excluded from the Act’s protections. In its The Atlanta Opera, Inc. decision, the Board ruled that the Atlanta [...]