In 2016 and 2023, the United States Department of Labor (“DOL”) announced increases to the minimum salary threshold for the executive, administrative, and professional exemptions to the federal Fair Labor Standards Act...more
Recently, the intersection of artificial intelligence (AI) and employment law has become a focal point for legislators, regulators, and employers alike. As AI technologies continue to reshape hiring practices and workplace...more
8/15/2024
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Compliance ,
Data Privacy ,
Data Security ,
Department of Labor (DOL) ,
Ethics ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Human Resources Professionals ,
Machine Learning ,
Popular
A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more
On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule (FTC Rule) invalidating covenants not to compete. The FTC Rule, which is set to take effect on September 4, 2024, significantly impacts the...more
On June 28, 2024, in a landmark decision, the United States Supreme Court invalidated the long-standing standard known as the Chevron doctrine in the case of Loper Bright Enterprises v. Raimondo, marking a significant shift...more
7/29/2024
/ Chevron Deference ,
Chevron v NRDC ,
Compliance ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Greenhouse Gas Emissions ,
Loper Bright Enterprises v Raimondo ,
Risk Management ,
SCOTUS ,
West Virginia v EPA
The legal landscape relating to the permissible use of medical marijuana in the United States is evolving rapidly, presenting employers with a complex legal environment to navigate, with states taking varying stances on the...more
The Pregnant Workers Fairness Act (PWFA), which became effective on June 27, 2023, requires covered employers to provide a reasonable accommodation for a qualified employee’s limitations surrounding pregnancy and childbirth...more
If you are operating a small business and have not educated yourself about the Corporate Transparency Act (“CTA”) requirements that became effective on January 1, 2024, now would be a good time to pay attention. Knowing the...more
3/4/2024
/ Beneficial Owner ,
Civil Penalty Fund ,
Corporate Transparency Act ,
Criminal Penalties ,
Deadlines ,
Enforcement ,
Financial Institutions ,
FinCEN ,
Jurisdiction ,
Money Laundering ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Smaller Reporting Companies ,
Terrorism Funding
The Federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. Under the FLSA, employees generally must be paid an overtime rate of 1.5 times their regular rate of...more
In March of 2022, we reported the passage of landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault...more
As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more
It has been the source of speculation for some time that the standard for determining whether entities that have a business relationship are deemed for labor enforcement purposes to be joint employers will soon be revised. On...more
In March 2022, we reported on landmark legislation that paved a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault and Sexual...more
On March 3, 2022, just days before the recognition of International Women’s Day on March 8, President Biden signed into law landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and...more
As previously reported, in September of 2021, the General Counsel for the National Labor Relations Board (NLRB) issued memoranda directing regional offices to pursue an expanded array of remedies against employers in unfair...more
It has been the source of speculation for some time that the standard for determining whether a worker is correctly classified as an employee or an independent contractor will soon be revised. On December 27, 2021, the...more
As further evidence that the Biden administration is laser-focused on protecting employee rights, the United States Equal Employment Opportunity Commission (EEOC), the United States Department of Labor (DOL), and the National...more
On Friday, November 5, 2021, the United States Occupational Safety and Health Administration (OSHA) published its highly-anticipated emergency temporary standard (ETS), also known as the COVID-19 “vax-or-test rule.” The ETS,...more
During the Obama administration, the National Labor Relations Board (NLRB) aimed at employment policies prohibiting employees’ use of private employers’ equipment, including work emails and IT resources, and certain policies...more
On October 12, 2021, the United States Occupational Safety and Health Administration (OSHA) sent its highly anticipated emergency temporary standard (ETS), also known as the COVID-19 “vax-or-test rule,” to the White House for...more
11/2/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Mandates ,
Enforcement ,
OSHA ,
Penalties ,
Religious Exemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The North Carolina Wage and Hour Act (NCWHA) governs the payment of wages to workers employed in North Carolina and is enforced by the North Carolina Department of Labor. Effective July 8, 2021, various provisions of the...more
The Americans with Disabilities Act (ADA) requires employers to provide a disabled employee reassignment to an existing vacant position for which the employee is qualified if no other accommodation exists and the employee...more
Now that many of us have been vaccinated, what should employers do to ensure a safe workplace in light of lingering threats of exposure to COVID-19? On June 10, 2021, the Occupational Safety and Health Administration...more
7/16/2021
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
High Risk Covid Employees ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Vaccinations ,
Workplace Safety
The Fourth Circuit Court of Appeals, which presides over federal district courts in North Carolina, South Carolina, and Virginia, recently joined several other circuit courts in determining that plaintiffs who allege same-sex...more
The Computer Fraud and Abuse Act (CFAA) was enacted in 1986 in order to curb unauthorized access to information stored on computers.
What Is the Computer Fraud and Abuse Act? -
The CFAA imposes criminal or civil...more