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Federal Judge Strikes Down Overtime Expansion

A federal judge in Texas has struck down the recently implemented United States Department of Labor (“DOL”) federal overtime salary threshold rule. This 2024 rule raised the minimum salary level for certain employees to be...more

Contested DOL Rule on Tip Credit Invalidated by Fifth Circuit

Recently, the United States Court of Appeals for the Fifth Circuit issued a decision on the Department of Labor's (DOL) rule concerning tipped employees. This final rule, introduced in 2021, addresses the amount of time a...more

Navigating the New Federal Workplace Rules

Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months....more

EEOC Finalizes New Guidance on Harassment in the Workplace

The U.S. Equal Employment Opportunity Commission (“EEOC”) has submitted its final version of enforcement guidance on workplace harassment. We previously reported on the new guidance when it was proposed in early October of...more

No Retaliatory Intent Needed: SCOTUS Eases Requirements for SOX Whistleblower Claims

The Supreme Court of the United States recently unanimously reversed the 2nd Circuit’s ruling on an employee asserting a retaliation claim under the Sarbanes-Oxley Act (“SOX”). Now, employees asserting a retaliation claim...more

NLRB Issues Final Rule Broadening Standard for Joint-Employer Status

On October 26, 2023 the National Labor Relations Board (“NLRB”) issued a final rule on when an entity may be considered a joint employer of a group of employees. The rule was first proposed on September 7, 2022. The new...more

EEOC Proposes New Guidance on Harassment in the Workplace

The Equal Employment Opportunity Commission (“EEOC”) has published a proposed "Enforcement Guidance on Harassment in the Workplace" for public comment. If finalized, this will mark the first time since 1999 that the EEOC has...more

Flurry of Recent NLRB Actions Create Easier Road to Union Representation

The National Labor Relations Board (“NLRB”) has issued a decision requiring employers to either recognize a new union, or promptly file for an NLRB-run election, when a union asks for recognition based on a majority of...more

NLRB Adopts Stricter Standard for Workplace Rules

This week, the National Labor Relations Board (“NLRB”) adopted a somewhat new standard for evaluating employer work rules when they are challenged as being “facially unlawful” under Section 8(a)(1) of the National Labor...more

NLRB Decision Reinstates Obama-Era Independent Contractor Standard

NLRB Decision Reinstates Obama-Era Independent Contractor Standard The National Labor Relations Board (“NLRB”) reinstated the test established in FedEx Home Delivery (FedEx II), lessening the requirements for a worker to be...more

NLRB General Counsel Aims to Outlaw Broad Non-Compete Provisions in Employment Contracts

The top attorney for the National Labor Relations Board (NLRB) recently declared that most non-compete agreements violate labor laws by barring workers from opportunities to seek new jobs. The May 30, 2023 memo from NLRB...more

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