On Thursday, June 5, 2025, the Supreme Court unanimously rejected the notion that Title VII of the Civil Rights Act of 1964 (“Title VII”) imposes special requirements on a “majority-group” plaintiff trying to make an initial...more
6/12/2025
/ Ames v Ohio Department of Youth Services ,
Appeals ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
On March 19, 2025, the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents that illuminate how these federal agencies will define "illegal...more
3/24/2025
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Race Discrimination ,
Retaliation ,
Sex Discrimination ,
Title VII
2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more
12/24/2024
/ Anti-Harassment Policies ,
Artificial Intelligence ,
Classification ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Labor Reform ,
Legislative Agendas ,
Loper Bright Enterprises v Raimondo ,
Machine Learning ,
Muldrow v City of St Louis ,
New Guidance ,
New Legislation ,
New Regulations ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Over-Time ,
Pregnant Workers Fairness Act ,
Regulatory Agenda ,
Reverse Discrimination ,
SCOTUS ,
SEC v Jarkesy ,
State Labor Laws ,
Wage and Hour ,
Workplace Harassment Guidance ,
Workplace Safety
Just a few weeks before the anticipated January 1 salary bump under the U.S. Department of Labor (USDOL)’s 2024 overtime rule (the “Overtime Rule”), a Texas federal court issued a ruling on Friday, November 15, 2024, that set...more
11/19/2024
/ Appeals ,
Department of Labor (DOL) ,
EAP ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
New Rules ,
Over-Time ,
Regulatory Requirements ,
Set-Asides ,
State and Local Government ,
State Labor Laws ,
Texas ,
Wage and Hour
On August 20, 2024, a Texas federal court ruled that the FTC’s final rule banning most non-compete agreements (the “Non-Compete Rule”) cannot go into effect as scheduled. Many employers had been preparing to comply with the...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Set-Asides ,
Statutory Authority ,
Texas
Most employers in the United States will start the month of July with a higher salary requirement to exempt certain employees from minimum wage and overtime under the Fair Labor Standards Act (FLSA). However, a June 28th...more
On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule altering the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). This is the final step in a process that...more
4/24/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On Jan. 9, 2024, the U.S. Department of Labor (DOL) announced the upcoming publication of its final rule on how to analyze whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more
The National Labor Relations Board (NLRB) kicked off the month of August with a decision that will have rippling effects on workplace policies.
In Stericycle, Inc., the NLRB introduced new, stricter standards for...more
The U.S. Citizenship and Immigration Services (USCIS) introduced a new Form I-9 on Aug. 1, 2023. Employers are required to switch to the new Form I-9 no later than Oct. 31, 2023. In addition to clerical edits and other...more
On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9 (Rev. 08/01/23).
What is Form I-9? Employers use Form I-9 to verify the identity and employment authorization of...more
As the temperatures rise, so will pressure on employers to monitor and address heat-related concerns in the workplace.
Identifying heat illness and its related risks, including death, as a “top priority” for enforcement,...more
On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) released its much-awaited guidance on the COVID-19 vaccine in the workplace. (See section “K. Vaccinations” at this link(link is external) for the full...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Health and Safety ,
Interactive Process ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Unless you are a lawyer heading to court, you probably aren’t wearing a suit today. In fact, most people probably weren’t wearing formal work attire even before the pandemic. Across industries, jeans, flip flops, and...more
Many businesses are anxious to resume operations after closing or scaling back because of COVID-19. However, trends in North Carolina COVID-19 diagnoses and hospitalizations show that the pandemic is still very much an issue....more
6/23/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Remote Working ,
Sick Employees ,
Social Distancing ,
Workplace Decontamination
As doors are re-opening and employees are returning to work, businesses should take measures to protect themselves—including their employees, customers, finances, and brand—as much as possible. Outlined below are a few...more
6/18/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
OSHA ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Sick Employees ,
Standard Operating Procedures ,
Supply Chain ,
Vendors ,
Workplace Safety
The crisis has not passed, but many employers are reaching out to us about returning their employees to work. Brooks Pierce Labor and Employment attorneys Natalie Sanders and Jessi Thaller-Moran discuss what employers should...more
An employee may have been exposed to COVID-19. What do you do?
This question is becoming more common for essential businesses that continue to operate during quarantines. On April 8, the CDC issued a new Interim Guidance...more
Employers who revised their electronic communication policies under the National Labor Relations Board's (NLRB) Purple Communications standard may want to head back to the drawing board (again) in the new year.
In Caesars...more
1/16/2020
/ Caesars ,
Casinos ,
Electronic Communications ,
Email ,
Email Policies ,
Employee Rights ,
Employer Liability Issues ,
Hospitality Industry ,
NLRB ,
Protected Concerted Activity ,
Purple Communications ,
Unions
It’s afternoon on the day before forecasts are calling for a snowstorm. The excitement and trepidation around the office are contagious—will the storm be as strong as projected? Will it be a storybook snow or an icy mix with...more