Michael Elkins

Michael Elkins

December 13, 2024 | Daily Business Review

Trump 2.0: A Mostly Pro-Employer Agenda—But Not Entirely

Key areas likely to see reform include the reconfiguration of the National Labor Relations Board (NLRB), rolling back two major Department of Labor (DOL) rules—the overtime salary exemption and the independent contractor test—and revisiting executive orders on artificial intelligence (AI) regulations.

By Michael Elkins

8 minute read

October 14, 2024 | Daily Business Review

The Role of Artificial Intelligence in Hiring: Legal Considerations and Best Practices

As AI increasingly influences critical decisions in recruitment, important legal questions arise, particularly regarding bias, discrimination, transparency and accountability.

By Michael Elkins

8 minute read

August 19, 2024 | Daily Business Review

Challenges Expected Across the Employment Law Landscape

The Department of Labor and the National Labor Relations Board are facing imminent danger because of the U.S. Supreme Court's recent decision eliminating Chevron deference.

By Michael Elkins

6 minute read

June 24, 2024 | Daily Business Review

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act—It Doesn't Always Apply

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) was a big deal when, on March 3, 2022, it became law. Like most laws, it had its 15 minutes of fame and then faded away from general discussion. The EFAA provides that employers no longer can force claims of sexual harassment and/or sexual assault into arbitration. Simple enough, right? Not even close.

By Michael Elkins

6 minute read

April 11, 2024 | Daily Business Review

Why the NCAA's Antiquated, Paternalistic Business Model Is Poised for Extinction

Antiquated rules and regulations around what players could and could not do coupled with aggressive enforcement served to keep the monopoly in place. Until now.

By Michael Elkins

8 minute read

February 13, 2024 | Daily Business Review

Employer/Employee Arbitration Agreements Are Still Enforceable—Just Ask Brian Flores

Despite public outcry, and various federal and state laws aimed at eliminating employer/employee arbitration agreements, such agreements remain, with some limitations, enforceable.

By Michael Elkins

7 minute read

October 13, 2021 | Daily Business Review

What the Urban Meyer Situation Can Teach Us About Employment Law

Whether in sports or business, negotiation of high-level executive contracts can be intense. Parties haggle over compensation packages, benefits, job duties and titles. Sometimes, however, lost in the shuffle is the termination language.

By Michael Elkins

6 minute read

March 25, 2020 | Daily Business Review

New COVID-19 Laws: A Summary for Employers and Employees

Congress has passed and President Donald Trump has signed into law the Families First Coronavirus Response Act.

By Michael Elkins

5 minute read

July 25, 2017 | Daily Business Review

NFL Players' Union Setting the Stage for Labor Fight in 2021

As the 2011 CBA expires at the end of the 2020 season, in February 2021, the owners and the NFLPA will begin negotiating the terms of a new CBA. The 2021 negotiations promise to be a fascinating labor process, and the seeds of that negotiation are being planted now, writes Michael Elkins.

By Commentary by Michael Elkins

4 minute read