The U.S. Chamber of Commerce Sues the FTC Over Power Grab
Employment Law This Week®: D.C. Policy Update, Wage and Hour Administrator Nominee, DOL’s 80/20 Rule
China's Export Policy Changes After U.S. Antitrust Case
The new salary level regulations issued by the U.S. Department of Labor will take effect July 1. On that date, the salary threshold for white-collar exemptions from the overtime requirements of the Fair Labor Standards Act...more
In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the U.S. Chamber of Commerce's decision to sue the Federal Trade Commission (FTC) over its rule banning...more
The Chamber of Commerce has already filed suit to enjoin the new salary levels so we will wait and see what happens. The case was filed in the Eastern District of Texas, a conservative area, so the “odds” are an injunction...more
The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly...more
The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the “Agencies”) in their efforts to expand antitrust enforcement to labor...more
Bad news, but at least employers know where they stand. Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions? If so, it may not be worth the paper it's printed on....more
On January 1, 2023, Senate Bill 62, the Garment Worker Protection Act, will become effective, making California the first state to ban piece rate pay for garment workers. SB 62 prohibits any “employee engaged in the...more
On October 29, 2021, the U.S. Department of Labor (“DOL”) issued its final rule outlining the circumstances under which an employer is permitted to take a “tip credit” against its wage obligation to tipped employees, paying...more
1.The National Labor Relations Board (NLRB) implemented several parts of its new election rule that were not enjoined by a federal district court judge. The new rule aims to reform the controversial Obama-era “quickie...more
As employers consider pay equity issues and disclosures, they are closely watching a recent federal district ruling that reinstated an Obama-era rule requiring large employers to collect and annually report wage data by...more
If you’ve been following the legal fight over Seattle’s 2015 proposal to permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form the country’s first gig economy unions, you might feel...more
On April 30, 2018, Judge Goldberg of the U.S. District Court for the Eastern District of Pennsylvania issued an order granting in part and denying in part a motion brought by the Chamber of Commerce for Greater Philadelphia...more
The national and international spotlight on pay equity is getting brighter by the day. By way of illustration, this post explores two laws that took effect on January 1, 2018, one in California and one in Iceland, and a wage...more
Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more
A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more
Prior salary history is a common question asked of job applicants, both during interviews and on job applications. Until recently, employers likely would not have thought twice about asking a candidate the question, “How much...more
It is only fitting that, on this day, May the 4th, which has become known colloquially as Star Wars Day, we bring you this update on Philadelphia’s Wage Equity Ordinance saga which could send significant ripples throughout...more
On April 6, 2017, the Chamber of Commerce for Greater Philadelphia filed suit in the United States District Court for the Eastern District of Pennsylvania, seeking to block Philadelphia’s recently-enacted wage equity...more
In a surprise move, Judge Amos Mazzant III of the United States District Court for the Eastern District of Texas has issued a nationwide injunction against implementation of the new Fair Labor Standards Act (“FLSA”) overtime...more
With a December 1 deadline looming, millions of employers across the country are scrambling to implement new compensation and classification practices in response to the U.S. Department of Labor’s (DOL) new overtime rule,...more
On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule. Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business...more
With the federal minimum wage stalled at $7.25 since 2009, HR Legalist has been tracking several developments to wage and hour law on both the federal level (via the pending overtime rule change recently reported by HR...more
On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a...more
The U.S. Department of Labor's methodology and minimum salary threshold set forth in its proposed revisions to the Fair Labor Standards Act's "white collar" exemptions are "unprecedented in the FLSA’s 77-year history,"...more
A group of six business organizations—including the New Jersey Business & Industry Association and the New Jersey State Chamber of Commerce—has filed a lawsuit against the City of Trenton, New Jersey, demanding the delay of a...more