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Wage and Hour Constitutional Challenges

Jackson Lewis P.C.

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

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The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the...more

Greenbaum, Rowe, Smith & Davis LLP

An Update for Employers on the FTC’s Final Rule Banning Non-Compete Clauses

The Federal Trade Commission’s April 2024 final rule on non-compete clauses, as we previously reported, would void and ban nearly all non-compete provisions as of its effective date of September 4, 2024. Among other items,...more

Saiber LLC

NJ Temporary Workers Bill of Rights Upheld in 3rd Circuit

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In 2023, we reported on the enactment of the Temporary Workers’ Bill of Rights (the “Act”) and subsequent regulations by the New Jersey Department of Labor (“DOL”)....more

Littler

Michigan Supreme Court Voids Existing Minimum (Cash) Wage and Paid Sick Leave Laws and Revives Old Laws

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On July 31, 2024, the Michigan Supreme Court, in a 4-to-3 decision, found unconstitutional legislative amendments that significantly revised minimum wage, tip, and paid sick leave standards....more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 123: Michigan Supreme Court Resuscitates State’s Earned Sick Time Act of 2018

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On July 31, 2024, the Michigan Supreme Court issued its long-awaited decision in Mothering Justice et al. v. Attorney General et al., holding in a 4-3 ruling that Michigan’s current paid sick leave law, the Paid Medical Leave...more

Husch Blackwell LLP

Michigan Employers Must Heed Recent Court Ruling on Minimum Wage and Paid Sick Leave

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In a landmark decision in Mothering Justice v. Attorney General, the Michigan Supreme Court has ruled on the constitutionality of legislative actions surrounding the Improved Workforce Opportunity Wage Act (Wage Act) and the...more

Fisher Phillips

Michigan Supreme Court Holds Employers Must Pay Higher Minimum Wage and Provide Expanded Sick Leave Rights: 3 Steps You Should...

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Big changes are coming for Michigan employers due to a sweeping decision just issued by the state’s highest court. Beginning next year, Michigan employers will be subject to new annual minimum wage increases, gradually lose...more

DirectEmployers Association

OFCCP Week in Review: July 2024

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment. - Federal Judge Temporarily Blocked Portions of USDOL Rule Setting New Formula for...more

Akerman LLP

Explainer Things: Season 2 Episode 3

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It has been a busy time for us at Explainer Things. Awards season is over, but the fintech regulatory drama is in midseason form. The star of this episode is of course the Supreme Court’s decision on the future of the CFPB....more

Littler

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

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In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against...more

Littler

Ontario, Canada Government Repeals Bill 124 in its Entirety After Appeal Court Decision

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On February 12, 2024, in Ontario English Catholic Teachers Association v. Ontario (Attorney General), 2024 ONCA 101, the majority of the Ontario Court of Appeal (OCA) upheld, in part, the decision of the Ontario Superior...more

BakerHostetler

You Can Contract If You Want To: California Appellate Court Leaves Prop 22 Largely Intact

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On March 13, a California Court of Appeal reversed most of a lower court ruling invalidating Proposition 22, the state’s 2020 voter-approved gig economy law allowing giant app-based ride-hailing and delivery companies, like...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Michigan Court of Appeals Maintains Status Quo Regarding Paid Medical Leave

On January 26, 2023, in the long-awaited opinion in Mothering Justice v. Attorney General, a three-judge panel of the Michigan Court of Appeals ruled, in a 3–0 opinion, that the Michigan Paid Medical Leave Act (PMLA) and...more

Bodman

Michigan Court of Appeals Dismisses February 20, 2023 Expansion of Paid Sick Leave and Increases to Minimum Wage

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In a 3-0 decision (Mothering Justice v Attorney General) issued today, January 26, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling finding that the Michigan Legislature lacked the constitutional...more

Littler

Ontario, Canada’s Superior Court Decides Bill 124 Violates s. 2(d) of Charter (Right to Freedom of Association) and Declares it...

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In Ontario English Catholic Teachers Assoc. v. His Majesty, 2022, ONSC 6658, Ontario’s Superior Court of Justice declared Bill 124, Protecting a Sustainable Public Sector for Future Generations Act (Act), to be void and of no...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 31 | August 2021

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: State Contractor Sentenced for Wage Theft, Pays...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

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"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado’s Pay Transparency Law Survives Preliminary Injunction: Next Steps for Employers

Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, February 2021 # 19

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In Washington: The House of Representatives was set to pass its $1.9 trillion pandemic relief package (H.R. 1319), late Friday night over solid Republican opposition. The passage is a key step toward giving President Joe...more

FordHarrison

Driving in Reverse? Uber/Lyft Drivers Seek to Undo California's Proposition 22

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Note to Readers: In this two part-series, we will discuss major developments in California’s gig economy landscape this week. Part 1 discusses a lawsuit filed by Uber and Lyft drivers challenging the constitutionality of Prop...more

Best Best & Krieger LLP

DOL Clarified the Federal Family First Coronavirus Response Act

New Rules and a Court Decision Followed the FFCRA’s Passage - A recent federal court decision struck down several provisions of the U.S. Department of Labor’s rules regarding the Family First Coronavirus Response Act....more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Robins Kaplan LLP

Financial Daily Dose 6.30.2020 | Top Story: Supreme Court Allows President to Fire CFPB Director, Lets Agency Remain

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By a 5-4 margin, the Supreme Court has ordered the restructuring of the Consumer Financial Protection Bureau, “ruling the agency’s structure was unconstitutional because its director held too much unchecked power.” The fix,...more

Littler

Silence From On High: The Uncertain Future of Texas Paid Sick Leave Ordinances

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On June 5, 2020, the Texas Supreme Court refused to review a case that could have decided whether municipal paid sick leave ordinances in Texas were lawful. Specifically, it denied a petition from the City of Austin to review...more

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