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A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of...more

FTC Rule Banning Non-Competes Ruled Unlawful

Late Tuesday afternoon, the United States District Court for the Northern District of Texas issued a nationwide injunction prohibiting the FTC from enforcing its Non-Compete Rule (“FTC Rule”). The Court set aside the FTC’s...more

Amendments to California’s Private Attorneys General Act

For years, California employers have struggled to deal with claims under the state’s Private Attorneys General Act (“PAGA”)(Labor Code §§ 2699, et seq.), known – without affection – in the early days as the “Sue Your Boss”...more

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

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that...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

DOL Issues Proposed Rulemaking Regarding Overtime Exemptions

On August 30, 2023, the U.S. Department of Labor (“DOL”) announced a notice of proposed rulemaking titled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer...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

NLRB Revises Standard for Evaluating Employer Policies

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to...more

EEOC Proposes Regulations to Implement Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (“EEOC”) published new proposed regulations on Friday, August 11, to implement the new Pregnant Workers Fairness Act (“PWFA”), signed into law at the end of December 2022. The...more

U.S. Supreme Court Holds Employers Can Sue for Strike Damages

In an 8-1 decision, the United States Supreme Court ruled for the employer in Glacier Northwest v. Teamsters, Local 174 in a case that has significant implications for a union’s right to strike and for the targeted employer...more

NLRB General Counsel Declares Most Non-Compete Provisions Illegal Under the NLRA

On May 30, 2023, the General Counsel of the National Labor Relations Board (“NLRB”) issued a memorandum (the “Memorandum”) to all NLRB Regional Directors, Officers-in-Charge, and Resident Officers concluding that most...more

Do Holidays Count Against FMLA Leave? Wage and Hour Division Clarifies Whether Holidays Count Against an Employee’s FMLA Leave...

The United States Department of Labor’s Wage and Hour Division (WHD) recently published opinion letter FMLA2023-2-A clarifying how to calculate the amount of leave used when an employee takes Family and Medical Leave Act...more

DOL Updates Minimum Wage Poster to Include PUMP Act Requirements for FLSA-Covered Employers

The United States Department of Labor (DOL) Wage and Hour Division recently issued Field Assistance Bulletin No. 2023-02 (FAB) to provide guidance to Wage and Hour Division (WHD) field staff regarding the Providing Urgent...more

Deadlines for Chicago and Illinois Employers

Employers in Illinois and Chicago will soon be subject to the following new employment laws: Employers that fail to comply with the training requirements will be subject to fines of up to $1,000 for each offense per day that...more

NLRB Opens the Floodgates for Extraordinary Remedies Available for Egregious or Habitual Violations

The National Labor Relations Board (“NLRB”) recently issued a broad cease-and-desist order against an employer that allegedly engaged in unfair labor practices and also ordered it to reimburse the Union for its bargaining...more

[Event] Workplace 2023: Navigating HR - May 25th, Atlanta, GA

Join SGR’s Labor & Employment group for the latest on navigating Human Resources in 2023. Topics Include: - Health & Welfare - Immigration - OSHA - ADA & FMLA - Non-Compete Agreements - New Legislation - Wage...more

[Event] Workplace 2023: Navigating HR - May 23rd, Jacksonville, FL

Join SGR’s Labor & Employment group for the latest on navigating Human Resources in 2023. Topics Include: - Health & Welfare - Immigration - OSHA - ADA & FMLA - Non-Compete Agreements - New Legislation - Wage...more

NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...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

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