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DOL Authority to Increase Overtime Compensation Thresholds Affirmed

On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary...more

NLRB Rolling Back More Rules from the Trump Administration

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

Update on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

As we previously reported, the Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” on April 23,...more

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Final Guidance on Workplace Harassment Published by EEOC

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on workplace harassment subject to federal employment discrimination laws. Aptly titled, “Enforcement Guidance on Harassment in...more

DOL Issues Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” which raises the...more

OSHA Finalizes ‘Walk around Rule’ Making it Easier for Union Representatives to Join Worksite Safety Inspections

On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule – known informally as the “walk around rule” – which makes two changes to its Representatives of Employers and Employees...more

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...more

E-Verify Users Now Permanently Able to Verify Employment Eligibility Remotely

As part of a final rule published on July 25, 2023, and in connection with its newly published Form I-9 (which employees may use after August 1), certain employers will be able to permanently verify an employee’s employment...more

Supreme Court Heightens Standard for Employers to Deny Religious Accommodations

On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old...more

EEOC Provides “Capstone” COVID-19 Guidance for Employers

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more

Pennsylvania Labor Organizations File Antitrust Complaint Regarding University of Pittsburgh Medical Center   

Two labor organizations, SEIU Healthcare Pennsylvania (SEIU) and the Strategic Organizing Center (SOC), have lodged a public complaint with the Department of Justice (DOJ) alleging that the University of Pittsburgh Medical...more

SVB Fallout – Beware of Employment Law Risks

Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more

SVB Fall Out – Beware of Employment Law Risks

Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more

SCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime Pay

On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor...more

Department of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act

The Department of Labor’s Wage and Hour Division (“WHD”) recently issued Field Assistance Bulletin (FAB) No. 2023-1 to address  breaks for employees who telework under the Fair Labor Standards Act (“FLSA”), and application of...more

Board Limits Ability to Prohibit Labor Protests

For the second time in less than a week, the National Labor Relations Board has thrown out a Trump-era standard and reinstated Obama-era rules favorable to labor unions. In Bexar County Performing Arts Center Foundation,...more

NLRB Adds Consequential Damages to Standard Remedy for Unfair Labor Practices

Employers that violate the National Labor Relations Act (NLRA) will have to pay workers additional damages under a recently issued precedential decision from the National Labor Relations Board (NLRB or Board)....more

U.S. Issues Final Rules Implementing No Surprises Act and Modifying Dispute Resolution Process

On August 19, 2022, the U.S. Departments of Labor, Treasury, and Health & Human Services issued final rules entitled, “Requirements Related to Surprise Billing: Final Rules,” which modify the independent dispute resolution...more

Unions Cannot Force OSHA to Issue Permanent COVID Standard

On August 26, 2022, the U.S. Court of Appeals for the District of Columbia Circuit turned back efforts by a group of unions seeking to force the Occupational Safety and Health Administration (OSHA) to quickly issue a...more

IRS Adjusts Figure Applicable to ACA Employer Mandate

The Employer Shared Responsibility Provisions (commonly known as the “employer mandate”) under the Affordable Care Act (ACA) require covered large employers to pay an assessment under the Internal Revenue Code if they fail to...more

August Updates to Pennsylvania Overtime and Tipped Wages Regulations

Several wage and overtime changes will affect Pennsylvania employers starting August 5, 2022. Some updates bring Pennsylvania’s wage and overtime regulations more in line with the Federal Fair Labor Standards Act (FLSA),...more

Federal Judge Says Judicial Approval for Individual FLSA Actions Increases Litigation Costs, Makes Settlement More Difficult and...

Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay overtime premiums. Less than a year after...more

Supreme Court Alters First Amendment Test In Decision Allowing High School Coach to Pray After Games

Joseph Kennedy coached football at Bremerton High School, a public school in Washington State. After football games, Kennedy led prayers at the 50-yard line among players, coaches, fans, and, sometimes, politicians. The...more

Proposed Title IX Amendments Protect LGBTQ+ Students

Summary - On June 23, 2022, the 50th anniversary of Title IX, the U.S. Department of Education released its proposed changes to Title IX regulations, which codify protections for LGBTQ+ students from discrimination based...more

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