On June 17, 2024, a federal court in Louisiana issued a preliminary injunction blocking the enforcement in Louisiana and Mississippi of the portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule...more
7/1/2024
/ Abortion ,
Chevron Deference ,
Chevron v NRDC ,
Dobbs v. Jackson Women’s Health Organization ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Preliminary Injunctions ,
Reasonable Accommodation ,
Reproductive Healthcare Issues ,
Standing ,
Statutory Authority ,
Title VII
On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a...more
6/28/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Jury Trial ,
NLRB ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Separation of Powers ,
Seventh Amendment
On June 28, 2024, the Supreme Court of the United States upended the 40-year-old doctrine whereby federal courts gave deference to administrative agencies’ reasonable interpretations of federal statutes. The ruling stands to...more
The U.S. Department of Labor’s (DOL) new rule to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemptions could be delayed as it faces multiple legal challenges, alleging...more
6/27/2024
/ Department of Labor (DOL) ,
Effective Date ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Pending Litigation ,
Popular ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more
Employers in New York City must begin distributing a new, city-created “Workers’ Bill of Rights” poster to employees and new hires on July 1, 2024....more
On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor...more
On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and...more
Nevada’s minimum wage is set to increase to $12 per hour on July 1, 2024, with what is the final incremental increase under legislation passed in 2019. With this final increase, thanks to a November 2022 ballot measure,...more
On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions....more
The National Collegiate Athletic Association (NCAA) will stop enforcing rules restricting Division I athletes from transferring from one institution to another under a consent judgment filed in an antitrust lawsuit brought by...more
6/11/2024
/ Anti-Competitive ,
Antitrust Violations ,
College Athletes ,
Colleges ,
Consent Order ,
Department of Justice (DOJ) ,
Name and Likeness ,
NCAA ,
Residency Requirements ,
Student Athletes ,
Transfers ,
Universities
The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate...more
6/10/2024
/ Article III ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
First Amendment ,
Grants ,
Minority-Owned Businesses ,
Preliminary Injunctions ,
Race Discrimination ,
Standing ,
Title VII ,
Venture Capital ,
Women-Owned Businesses
The Illinois General Assembly has passed a bill prohibiting claims for per-scan damages under the Biometric Information Privacy Act (Privacy Act or BIPA), legislatively overruling the Supreme Court of Illinois’s...more
On May 22, 2024, more than a dozen business groups and a company filed a lawsuit seeking to block the U.S. Department of Labor’s (DOL) new final rule that significantly raises the minimum salary thresholds for the Fair Labor...more
5/28/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Minimum Salary ,
Over-Time ,
Regulatory Authority ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor estimates 56 percent of all nonunion private-sector employees are subject to mandatory arbitration agreements. Many employers use such agreements—and the class action waivers contained therein—to...more
5/22/2024
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Enforceability ,
Exemptions ,
Federal Arbitration Act ,
Mandatory Arbitration ,
Private Sector ,
Transportation Industry
The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently released new guidance warning federal contractors they must routinely monitor their use of artificial intelligence (AI) and...more
On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA)...more
On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the...more
On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...more
Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct...more
5/8/2024
/ #MeToo ,
Anti-Retaliation Provisions ,
Confidentiality Policies ,
Employer Liability Issues ,
Exclusions ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Penalties ,
Sexual Harassment ,
State Labor Laws
On April 15, 2024, the U.S. Department of Justice (DOJ) Criminal Division launched a new pilot program to enable whistleblowers to avoid prosecution when they voluntarily report new information to federal law enforcement...more
The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more
New York City has published an anticipated new required workplace poster on the city-created “Workers’ Bill of Rights” that is meant to inform employees of their rights at work....more
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer...more
5/1/2024
/ Anti-Harassment Policies ,
Compliance ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
New Guidance ,
Pregnancy ,
Protected Class ,
Race Relations ,
Sexual Orientation ,
Workplace Harassment Guidance
New York will be the first state to require employers to provide paid leave to pregnant employees for prenatal care under one of a series of proposals included in legislation recently signed by Governor Kathy Hochul to...more