According to a University of Southern California study, 55% of businesses are investing in automated recruiting measures that use artificial intelligence (AI). Using AI tools in employee recruiting and screening offers a...more
On Friday November 15, a federal judge in Texas issued a nationwide injunction barring the U.S. Department of Labor (DOL) from enforcing new regulations raising the salary level required for the so-called white-collar...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 ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On November 13, the National Labor Relations Board (the Board) held that so-called captive-audience meetings — meetings where employers require employee attendance and argue against unionization — violate the National Labor...more
Details Hospitality employers with tipped employees received welcome news late last month when a federal appeals court overturned the Department of Labor’s (DOL) so-called 80/20/30 Rule, the highlight of a new set of...more
9/25/2024
/ Appeals ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Labor Regulations ,
Regulatory Agenda ,
Statutory Interpretation ,
Tipped Employees ,
Wage and Hour
On April 23, the Federal Trade Commission (FTC) issued a final rule banning non-compete agreements, subject to very narrow exceptions, after concluding that non-compete agreements are unfair methods of competition and violate...more
4/25/2024
/ Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Labor Regulations ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
In two opinions released on August 31, the National Labor Relations Board (NLRB) overruled two 2019 decisions to expand the scope of workers’ concerted activity protections under the National Labor Relations Act (NLRA). Those...more
For many, Labor Day weekend represents the last bastion of summer. It also ushers in a season of holidays, celebrations, and shortened workweeks throughout fall and winter. However, employers that deal with the year-round...more
The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by...more
On January 13, 2022, the Supreme Court of the United States blocked enforcement of the OSHA Vaccination and Testing Emergency Temporary Standard (“ETS”). The stay prevents OSHA from enforcing the ETS while challenges to the...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Just before 7 p.m. on Friday, December 17, 2021, a divided panel of the Sixth Circuit dissolved the Stay issued by the Fifth Circuit, which prevented the Occupational Safety and Health Administration (“OSHA”) from enforcing...more
12/21/2021
/ Appeals ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
New Rules ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 5, 2021, OSHA published its Emergency Temporary Standard (“ETS”), requiring private employers with 100 or more employees to establish, implement, and enforce a written mandatory vaccination or testing policy....more
11/18/2021
/ Appeals ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Vaccinations ,
Virus Testing
The Occupational Safety and Health Administration (“OSHA”) published on November 5, 2021, its emergency temporary standard (“ETS”) requiring most private employers with 100 or more employees to establish, implement, and...more
11/9/2021
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing
The U.S. Department of Labor proposed Thursday to formally withdraw controversial Obama Era overtime regulations and replace them with a far more modest version.
The new proposed regulations would raise the threshold salary...more