In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more
1/17/2025
/ Appeals ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Over-Time ,
SCOTUS ,
Wage and Hour
On August 20, 2024, a federal court in Texas permanently blocked the Federal Trade Commission's (FTC) final rule banning most non-competes. U.S. District Judge Ada Brown granted summary judgment in favor of the plaintiffs in...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more
11/3/2023
/ Browning-Ferris Industries of California Inc. ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
Federal Labor Laws ,
Final Rules ,
Food Service Workers ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Regulatory Reform ,
Unions ,
Wage and Hour
Effective September 30, 2023, the minimum wage in Florida will increase to $12.00 per hour, and the tipped minimum wage in Florida will increase to $8.98 per hour.
...more
On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 stating “[non-competes] interfere with employees’ exercise of rights under Section 7 of the National Labor...more
Last week, the U.S. Supreme Court upheld an appellate court determination that Michael Hewitt, an oil rig “toolpusher,” was entitled to overtime compensation despite having earned in excess of $200,000 per year. Mr. Hewitt’s...more
2/28/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Over-Time ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions