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Fifth Circuit Affirms DOL’s Right to Set Salary Minimum for White Collar Exemptions

In its September 11, 2024 opinion in Mayfield v. Department of Labor, the United States Court of Appeals for the Fifth Circuit held that the U.S. Department of Labor’s explicitly delegated authority to “define” and “delimit”...more

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the...more

Florida Federal Court Enjoins Enforcement of FTC’s Non-Compete Rule Solely Against the Plaintiff

On August 14, 2024, in Properties of the Villages, Inc. v. Federal Trade Commission, No. 5:24-cv-316-TJC-PRL, the United States District Court for the Middle District of Florida enjoined the Federal Trade Commission (“FTC”)...more

Pennsylvania Federal Court Declines to Preliminarily Enjoin FTC Rule Banning Non-Competes

Earlier today (July 23, 2024), Judge Hodge in the U.S. District Court for the Eastern District of Pennsylvania denied a tree care company’s motion to stay the effective date and preliminarily enjoin the Federal Trade...more

Texas Federal Court Denies Request to Expand Scope of Injunction Staying Federal Trade Commission’s Non-Compete Rule

In a motion for reconsideration filed on July 10, 2024, the plaintiffs in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex. Apr. 23, 2024) urged the court to expand the scope of its limited preliminary...more

Texas Federal Court Stays Effective Date of Federal Trade Commission’s Non-Compete Rule But Declines to Issue Nationwide...

Earlier today, July 3, 2024, the United States District Court for the Northern District of Texas issued a preliminary injunction staying enforcement of the Federal Trade Commission’s (“FTC”) proposed final rule (“Final Rule”)...more

District Court Grants Injunction of 2024 Overtime Rule Limited to State of Texas as Employer

On Friday, June 24, 2024, the business day before the Biden Department of Labor’s new overtime rule was scheduled to take effect, a federal district judge granted the State of Texas’s motion for a preliminary injunction to...more

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more

Wage Transparency in Job Postings Coming to Maryland

Maryland Governor Wes Moore has signed into law SB 525/HB 649, which will require employers to include wage ranges in internal and external postings for positions that will be physically performed, at least in part, in the...more

Enacted New York State Budget Includes First-in-Nation Statewide Paid Prenatal Leave (But Other Proposals are Left on the Table)

On April 20, 2024, New York Governor Kathy Hochul signed into law New York State’s Budget for fiscal year 2025. The enacted Budget includes appropriation bills and other legislation required to carry out the budget for the...more

Federal Trade Commission Approves Final Rule Banning Most Noncompetes

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a proposed final rule (“Final Rule”), which, absent a successful legal challenge, will ban most noncompete agreements in the United States. Despite...more

Federal Trade Commission Approves Rule Banning Most Noncompetes

Today the Federal Trade Commission voted 3-2 to approve a Final Rule that, absent a successful legal challenge, will ban most noncompete agreements in the United States beginning 120 days after publication in the Federal...more

DOL Releases Updated Overtime Rule

The DOL released its updated federal overtime rule on April 23, 2024. With limited exceptions, the rule increases the minimum salary for exemption as executive, administrative, or professional (“EAP”) employee from $684 per...more

Updated Federal Overtime Rule Cleared by White House

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the updated federal overtime rule on April 10, 2024. We can expect publication of the final rule in the Federal Register any day now,...more

Delaware Supreme Court Validates Forfeiture-For-Competition Provision in Unanimous Reversal of Chancery Court

In a win for businesses that rely on restrictive covenants to protect their assets and investments, on January 29, 2024, the Delaware Supreme Court unanimously reversed a Chancery Court decision that invalidated a...more

New York Governor Zeroes in on Employee Leave and Benefits, Wage Payment Violations, and More in Proposed FY25 Executive Budget

On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations...more

New York Governor’s Proposed FY25 Budget Includes Measure to Eliminate Liquidated Damages for Pay Frequency Violations

On January 17, 2024, New York Governor Kathy Hochul released her proposed Executive Budget for fiscal year 2025. The budget includes proposed legislation that would amend the New York Labor Law to confirm that liquidated...more

DOL Releases New Independent Contractor Rule

The U.S. Department of Labor issued its long-awaited new rule on independent contractor classification on January 9, 2024. It will be published in the Federal Register on January 10, and take effect on March 10, 2024. ...more

New York State Issues Updated Minimum Wage Poster

The New York State Department of Labor has issued the updated minimum wage poster for “Miscellaneous Industry” employees for 2024.  The update covers all industries other than hospitality, farmworkers, and building service. ...more

White House Clears Independent Contractor Final Rule

On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act. The...more

New York Finalizes Increases in Minimum Wage, Minimum Salaries for Exemption in 2024

On December 27, 2023, the New York State Department of Labor published a Notice of Adoption in the New York State Register, finalizing increases in the minimum wage and minimum salaries for exemption effective January 1,...more

Governor Hochul Vetoes New York Non-Compete Ban

After months of speculation and intense lobbying, New York Governor Kathy Hochul vetoed a bill that would have imposed a near-total ban on employee non-competition agreements in New York State. Governor Hochul has long...more

COVID Screening Time Not Compensable, Says Illinois District Court

In an opinion issued on December 7, 2023, a federal district court in the Northern District of Illinois held that time spent in COVID screening activities was not compensable under federal or Illinois law. In the...more

New York’s Non-Compete Bill – Gov. Hochul Weighs In

In what we believe are her first public statements on the New York Legislature’s proposal to ban ostensibly all non-compete agreements in New York, Governor Hochul on Thursday, November 30 reportedly told a group of...more

New York State Department of Labor Issues Proposed Regulations on Salary Transparency Law

On September 13, 2023, the New York State Department of Labor published proposed regulations on the state’s salary transparency statute that took effect on September 17, 2023. As we previously reported, the statute...more

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