Washington is the latest state to enact a “mini-WARN” Act that will require employers with 50 or more full-time employees to provide at least 60 days’ notice to the state as well as any union or employees affected by a...more
6/10/2025
/ Employee Benefits ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Labor Reform ,
Layoffs ,
New Legislation ,
Notice Requirements ,
Penalties ,
State Labor Laws ,
Unions ,
Voluntary Reduction in Force ,
WARN Act ,
Washington
The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more
5/14/2025
/ Biden Administration ,
Constitutional Challenges ,
Contract Interpretation ,
Department of Justice (DOJ) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
First Amendment ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Statutory Interpretation ,
Trump Administration ,
Unions
Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more
1/21/2025
/ Appeals ,
Class Action ,
Clear and Convincing Evidence ,
EMD Sales Inc v Carrera ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Preponderance of the Evidence ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour ,
White-Collar Exemptions
In an effort to avoid arbitrating individual claims under the Private Attorneys General Act (“PAGA”), a recent trend emerged in California litigation involving “headless” PAGA lawsuits. Essentially, plaintiffs would expressly...more
1/9/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Class Action ,
Dispute Resolution ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Settlement ,
State Labor Laws
ATS Tree Services, LLC (“ATS”) has voluntarily dismissed the lawsuit it filed in April 2024 in the U.S. District Court for the Eastern District of Pennsylvania challenging the Federal Trade Commission’s (“FTC”) Non-Compete...more
On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas vacated the Federal Trade Commission’s (FTC) final Rule that the FTC enacted to ban non-compete agreements. Judge Brown held...more
8/22/2024
/ Administrative Procedure Act ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants
Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII)...more
4/26/2024
/ Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more
3/13/2024
/ Employer Liability Issues ,
Final Rules ,
Franchises ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Staffing Agencies ,
Texas ,
Vacated
On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act FLSA), which would result in millions of workers who are now exempt from overtime requirements being...more
9/1/2023
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
On August 18, 2023, in Hamilton v. Dallas County, the Fifth Circuit Court of Appeals reversed decades of precedent by broadening the standard for what constitutes an actionable adverse employment action....more
On Wednesday, August 2, 2023, the National Labor Relations Board (“the Board”) continued its retreat from many of the decisions issued by its Trump-era iteration. In Stericycle, Inc, 372 NLRB No. 113 (2023), the Board...more