Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in...more
Late Monday night, President Trump made two major changes to the National Labor Relations Board (NLRB), both of which will cause a major shift in the political leanings of the NLRB and one that may substantially impact the...more
1/30/2025
/ Constitutional Challenges ,
Employment Policies ,
Government Agencies ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRB ,
Presidential Appointments ,
Quorum ,
Regulatory Agenda ,
Trump Administration ,
Unions
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision,...more
1/16/2025
/ Burden of Proof ,
Compliance ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Regulations ,
Over-Time ,
SCOTUS ,
Wage and Hour
On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted...more
A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime. This ruling means that...more
11/21/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Minimum Salary ,
Over-Time ,
Statutory Authority ,
Threshold Requirements ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the...more
The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule. As readers may recall, late last year the NLRB issued a rule broadening...more
A federal judge in the Northern District of Texas has enjoined the Federal Trade Commission from implementing its Rule banning non-compete agreements and stayed the effective date of the Rule while the underlying lawsuit...more
On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to...more
7/1/2024
/ Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Judicial Authority ,
NLRB ,
OSHA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more
11/1/2023
/ Browning-Ferris Industries of California Inc. ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Unfair Labor Practices ,
Unions
The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will publish a revised Form I-9 (Employment Eligibility Verification), which is used by employers to verify an employee’s identity and...more