The U.S. Department of Labor (DOL) is appealing a U.S. district judge’s recent ruling striking down the agency’s final rule “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales,...more
12/2/2024
/ Appeals ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
On November 25, 2024, the Indiana Court of Appeals ruled that a former chief operating officer (COO) at a medical fee collection company did not breach noncompete agreements and a nondisclosure provision when she took a job...more
11/27/2024
/ Appeals ,
Appellate Courts ,
At-Will Employment ,
Contract Terms ,
Corporate Officers ,
Employment Contract ,
Employment Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Reasonableness Factors ,
Restrictive Covenants
Retail employers are bracing for the annual surge in customer traffic and sales during the holidays, but the large crowds, stress of the season, and other factors increase the risks of workplace violence. As the holiday...more
Businesses that had employees working in Lower Manhattan and Western Brooklyn when the September 11th attacks occurred may need to notify those employees of their potential eligibility for benefits under two federal...more
California’s Proposition 32 would have immediately raised the state minimum wage for employees with twenty-six or more employees to $17.00 per hour immediately and to $18.00 per hour on January 1, 2025. Proposition 32 also...more
On November 18, 2024, New Jersey Governor Phil Murphy signed statewide pay transparency legislation that will require employers, beginning in June 2025, to disclose compensation and benefits in job postings and notices of...more
On November 15, 2024, a federal judge in Texas struck down the U.S. Department of Labor’s (DOL) latest attempt to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemption,...more
11/18/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Statutory Authority ,
Wage and Hour ,
White-Collar Exemptions
On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision prohibiting the practice of holding mandatory employee meetings to discuss the employer’s views on unionization....more
On November 4, 2024, New York City Mayor Eric Adams signed legislation to ensure hotel safety that will mandate a comprehensive licensing system for hotels to operate in New York City, implement several consumer safety...more
On November 8, 2024, the National Labor Relations Board (NLRB) ruled that telling employees unionization could impact their relationship with their employer may violate the National Labor Relations Act (NLRA), overturning...more
As the nation concludes the 2024 elections, employers may want to keep an eye on the outcomes of several key state ballot measures that will have significant implications for wage policies, employee benefits, and compliance...more
A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime...more
11/11/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Missouri voters have approved a state ballot measure that will increase the state minimum wage starting in 2025 and provide employees in the state with paid sick and safe leave, becoming one of the latest to join the growing...more
New York City employees may soon be entitled to take sick leave to care for their pets if a newly introduced bill is passed by the city council....more
Just months after issuing its final rule implementing the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) has initiated multiple actions against employers for allegedly violating...more
11/6/2024
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Consent Decrees ,
Enforcement ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Interpretive Opinions ,
New Legislation ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
While voters heading to the polls this November are likely focused on the neck-and-neck presidential election and several tight congressional races, voters in Alaska, Missouri, and Nebraska are further considering ballot...more
Despite some recent positive signs for the U.S. economy, many companies still face the prospect of reductions in force (RIFs), which can be challenging and involve complex processes that require careful planning and...more
The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit....more
In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views...more
A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit...more
10/9/2024
/ Dismissals ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Litigation ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting...more
California Governor Gavin Newsom has vetoed a bill that sought to ensure the safe development of artificial intelligence (AI), including by imposing whistleblower protections for developers’ employees who reported potential...more
10/4/2024
/ Artificial Intelligence ,
Cybersecurity ,
Governor Newsom ,
Governor Vetoes ,
Innovation ,
Innovative Technology ,
Misappropriation ,
Pending Legislation ,
Safety Standards ,
Software Developers ,
Technology Sector ,
Whistleblower Protection Policies ,
Whistleblowers
New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more
10/1/2024
/ Artificial Intelligence ,
Audio Recording ,
Automated Systems ,
Consent ,
Employer Liability Issues ,
Employment Policies ,
Machine Learning ,
Mobile Devices ,
NLRA ,
NLRB ,
Productivity ,
Smartphones ,
Transcripts
The Federal Trade Commission (FTC) is appealing a Florida federal court ruling temporarily blocking the FTC’s noncompete ban a month after a Texas federal judge in a separate case blocked the FTC’s ban on a nationwide basis....more
Tropical Storm Helene is projected to hit Florida’s Gulf Coast as a major hurricane later this week, and evacuations are already underway in parts of the state. Employers are likely to face inevitable workplace safety risks...more