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DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends...more

EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a preview notice of the final rule implementing the Pregnant Workers Fairness Act (“PWFA”). The PWFA became effective on June 27, 2023, and...more

Texas District Court Invalidates NLRB’s Joint Employer Rule

On March 8, 2024, the United States District Court for the Eastern District of Texas invalidated the recently issued final rule for establishing joint employer status under the National Labor Relations Act (“NLRA”). As we...more

Two New Laws Expand California’s Non-Compete Prohibition and Require Employers to Provide Notice to Current and Former Employees

California State Senate Bill 699 (“SB 699”) and California State Assembly Bill 1076 (“AB 1076”) enhance California’s well-known prohibition against non-compete agreements or restrictive covenants. Both bills, which took...more

The DOL Publishes Final Rule Regarding Independent Contractor Classification Under the FLSA

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule amending the criteria used to determine whether a worker qualifies as an employee or an independent contractor under the Fair Labor Standards...more

‘Tis the Season: Annual Party Pooper’s Guide to the Holidays

‘Tis the season for celebration. For employers, that may mean hosting an annual holiday party, catering an office luncheon, or distributing end-of-year gifts and bonuses. However, with the holiday season comes potential...more

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes...more

August Brings a Flurry of Activity from the National Labor Relations Board

As August ends, the National Labor Relations Board (“Board”) has issued two significant decisions as well as a direct final rule about representation cases. On August 25, 2023, the Board, in Cemex Construction Materials...more

Michigan’s Governor Signs Legislation Repealing Right-To-Work Law

On March 24, 2023, Michigan became the first state in decades to repeal its “Right-to-Work” law. Two days after Governor Whitmer signed the legislation into law, the Teamsters celebrated the repeal with the Governor. Michigan...more

NLRB Issues Guidance in Response to Inquiries Involving Non-Disparagement and Confidentiality Provisions in Severance Agreements

As outlined in the February 22, 2023 SGR Client Alert, the National Labor Relations Board (“NLRB”) ruled in McLaren Macomb that severance agreements may not contain general non-disparagement or confidentiality/non-disclosures...more

U.S. Supreme Court Rules Supervisor Earning More Than $200,000 A Year Was Entitled To Overtime Compensation

On February 22, 2023, the United States Supreme Court issued the long-awaited decision in Helix Energy Solutions Group, Inc. v. Hewitt. The Supreme Court held that a highly compensated employee who is paid solely on a...more

Court of Appeals Blocks California’s Ban On Employment Arbitration Agreements

In a recent decision that is good news for California employers, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s ruling striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more

Employers Must Carefully Draft Severance Agreements After NLRB Deems Non-Disclosure and Non-Disparagement Provisions Violate The...

The National Labor Relations Board (“NLRB”) ruled on February 21, 2023 that McLaren Macomb, a company that operates a Michigan hospital, violated the National Labor Relations Act (the “Act”) when it presented a “Severance...more

Looking Ahead to 2024: Illinois to Require Paid Leave for Any Reason

The Illinois legislature kicked off the new year with the passage of Senate Bill 208 (SB208), also known as the Paid Leave for All Workers Act (the “Act”). Illinois Governor Pritzker issued a statement indicating his...more

Annual Party Poopers’ Guide to the Holidays: The Office Holiday Party is Back and So Are We

Over the past two years, employers dealing with the COVID-19 pandemic were forced to hold their holiday celebrations virtually via Zoom, or maybe even scrapped such events altogether given the circumstances. This year,...more

Texas Expands Protections Against Sexual Harassment

On September 1, 2021, two new Texas laws, Senate Bill 45 and House Bill 21, went into effect expanding sexual harassment protections for employees under Chapter 21 of the Texas Labor Code. These two laws change the...more

North Carolina Amends Wage Notification Obligations for Employers

North Carolina Governor Roy Cooper signed into law amendments to the North Carolina Wage and Hour Act changing employers’ obligations to notify employees about their wages. The changes can be found here and are effective now....more

California Meal, Rest, and Recovery Period Penalties Include More Than Just Regular Hourly Wage

Most California employers know that under Labor Code § 226.7(c), employees who are not provided with a compliant meal, rest, or recovery period must be paid an additional hour of pay for each violation. Most California...more

President Biden Signs Executive Order to Promote Competition in the American Economy

On July 9, 2021, President Joe Biden signed Executive Order 14036 providing direction to promote competition in the American economy. The Executive Order contains directives for federal agencies addressing issues in the...more

California Falls Into Line On Workplace COVID-19 Restrictions

On June 17, 2021, Cal OSHA’s board voted to adopt revised COVID-19 workplace standards that more closely align with what is being done across the country. The Governor issued an executive order that allowed the revised...more

Illinois Passes Sweeping Non-Compete and Non-Solicitation Changes

The Illinois legislature passed Senate Bill 672 (“SB 672”) significantly changing non-compete and non-solicitation law in Illinois. The bill is expected to be signed into law by Governor JB Pritzker and go into effect on...more

Updated EEOC Guidance and New COVID-19 Litigation

The EEOC issued updated guidance stating that federal equal employment opportunity laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to some...more

Santa Clara County, California, Issues New COVID Safety Order Requiring that Governmental Entities and Businesses Ascertain the...

On May 18, 2021, the Health Office of the County of Santa Clara, California, issued a new COVID safety measure order. The Order became effective May 19, 2021, and will remain in effect until rescinded, superseded or amended....more

Expansion of New Jersey WARN Act Draws Near

In January 2020, New Jersey Governor Phil Murphy signed the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act (“NJ WARN Act”) requiring employers to provide severance to employees who lose their job in a...more

New York Passes New Workplace Safety Requirements

On May 5, 2021, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act”) providing new workplace safety requirements on all employers in New York. The HERO Act goes into effect...more

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