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Texas Federal Court Rejects FTC’s Non-Compete Ban

As every employer in the U.S. is likely aware, the Federal Trade Commission’s (“FTC”) near-universal ban on non-competes nationwide, which the FTC voted to implement via regulatory rulemaking on April 23 of this year, has...more

NLRB Continues Its Rollback of Trump-Era Union Election Changes

Over the past several years, the National Labor Relations Board (the “Board”) under the Biden administration has taken several measures to make union election procedures more union-friendly....more

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

Texas Federal Court Enjoins, and Signals Readiness to Invalidate, the FTC’s Non-Compete Ban

After the Federal Trade Commission (“FTC”) voted on April 23 to enact its nationwide ban on non-competes, employers and business organizations did not have to wait long—not even a day—before challengers began opposing the...more

EEOC Title VII Guidance, Captive Audience Meetings, Cemex, and Exempt Salary Threshold Challenges: May 2024 Labor and Employment...

EEOC Title VII Guidance Challenged - On May 21, the Texas attorney general sought a permanent injunction to block the U.S. Equal Employment Opportunity Commission’s (“EEOC”) enforcement guidance over gender identity and...more

Mercedes Workers in Alabama Reject UAW Unionization Efforts

On the heels of the United Auto Workers’ (“UAW”) successful campaign to organize Volkswagen workers in Chattanooga, Tennessee, Mercedes-Benz workers in Vance, Alabama chose a different path, rejecting the UAW as their...more

Race to the Courthouse: Early Attempts to Block the FTC’s Non-Compete Ban Start Pouring In

Less than one day after the Federal Trade Commission (“FTC”) issued its Final Rule that would enact a nationwide ban on most non-competition agreements, at least two lawsuits have been filed against the FTC which seek to...more

The Cost of Exemption: Dep’t of Labor Final Rule Jettisons Salary Thresholds for Exemption Under the Fair Labor Standards Act

On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s...more

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated before Taking Effect

A National Labor Relations Board (the “Board”) rule set to take effect on Monday, March 11 and slated to significantly expand the circumstances in which a company would be deemed a joint employer under the National Labor...more

Union Election Petitions in 2024: The Story So Far; Employer Petitions Skyrocket, but Don’t Detract from Union Petition Rates

The Fallout from the NLRB’s Cemex Decision - As we previously addressed, the National Labor Relations Board’s (NLRB) August 25, 2023, decision in Cemex Construction Materials Pacific, LLC overturned long-established...more

New York Challenges Captive Audience Meetings with Long-Rejected Principle

On September 6, 2023, New York Governor Kathy Hochul signed legislation prohibiting employers from disciplining employees who choose not to attend captive audience meetings. Enactment of this legislation comes as no surprise,...more

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Ninth Circuit Nixes California’s Employment Arbitration Agreement Ban

Last week, the Ninth Circuit issued a significant ruling in Chamber of Commerce v. Bonta, concluding that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act (“FAA”). AB 51, which was passed by...more

Homeland Security Implements New Program for Employers to Hire Foreign Workers, but There’s a Catch

The Department of Homeland Security (“DHS”) announced a new program that U.S. employers could use to hire up to 30,000 workers each month from Cuba, Haiti, Nicaragua, and Venezuela, dwarfing programs that employers currently...more

NLRB Brings Holiday Cheer to Some, Jeers to Others in Flurry of End-of-Year Rulings

In what is becoming a holiday tradition, consequential National Labor Relations Board rulings continue this December. First, after nearly six decades, the Board has conformed to a rigid test in evaluating whether an employer...more

NLRB Makes Union Organization Easier, Loosens Test for Approval of Collective Bargaining “Micro-Units”

On Wednesday, the National Labor Relations Board issued a groundbreaking decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), reviving the concept of collective bargaining “micro-units.” Micro-units are...more

Arbitration May Prevail Over California’s PAGA: Supreme Court Hears Oral Arguments in Viking River Cruises

On March 30, 2022, the Supreme Court heard oral arguments in Viking River Cruises v. Moriana, in which the Court is poised to decide whether the Federal Arbitration Act compels enforceability of an individualized arbitration...more

U.S. Department of Labor Issues Final Rule on Tipped Worker Pay

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

DOL Proposed Rule Supplements President Biden’s Executive Order Raising Federal Contractor Minimum Wage to $15.00 Per Hour

On April 27, 2021 President Biden signed an Executive Order raising the minimum wage for federal contractors to $15 per hour by the end of March 2022. In response, and to supplement the Executive Order, the U.S. Department of...more

U.S. Department of Labor Proposes Employee-Friendly Rules for Tipped Workers

On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more

OSHA Issues Emergency Temporary Standards for Healthcare Workers

On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”), a mandatory workplace safety rule aimed at protecting healthcare workers from COVID-19. OSHA also...more

California Update: State and Federal Courts Weigh in on PAGA Meal-Break Standing, Pay Statement Contents

In the past few weeks, federal and state decisions in California regarding various employment-related claims in California, but particularly addressing California’s demanding pay statement requirements, provided helpful and...more

Executive Order Raises Minimum Wage for Federal Contractors to $15.00 Per Hour

On Tuesday, April 27, President Biden signed Executive Order 14025, raising the minimum wage for federal contractors to $15 per hour by the end of March 2022. This marks a sharp 37% increase from the current $10.95 minimum...more

Ohio Enacts Employment Discrimination Law Requiring More from Prospective Plaintiffs

On January 13, 2021, Governor Mike DeWine signed into law H.B. 352, overhauling the state’s employment discrimination laws in several significant respects. Most notably, the new law requires that prospective plaintiffs file...more

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