On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028.
...more
2/7/2025
/ Administrative Appointments ,
Biden Administration ,
Constitutional Challenges ,
Employee Rights ,
Executive Orders ,
Labor Relations ,
Malfeasance ,
NLRA ,
NLRB ,
Removal For-Cause ,
SCOTUS ,
Statutory Interpretation ,
Termination ,
Trump Administration ,
Unions
Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day....more
2/5/2025
/ Administrative Appointments ,
Biden Administration ,
Employment Policies ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Agencies ,
Trump Administration ,
Unions
Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB)....more
2/4/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Trump Administration ,
Unions
In a two-sentence memo, the White House rescinded the spending freeze announced with great fanfare just two days prior and which we previously reported on here. The broad scope of the directive suspended all federal financial...more
One week after his inauguration, President Donald Trump has taken additional moves to impact the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL)....more
On Monday, January 27, 2025, the acting head of the Office of Management and Budget (“OMB”) issued a memo ordering the pause of all federal financial assistance “that may be implicated” by any of President Trump’s recent...more
1/29/2025
/ Affirmative Action ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Budget ,
Federal Funding ,
Medicare ,
Nonprofits ,
OMB ,
Regulatory Reform ,
Social Security ,
Trump Administration
On November 15, 2024, a federal judge blocked the U.S. Department of Labor’s (DOL) attempt to raise the minimum salary level for the executive, administrative, and professional (EAP) exemptions from minimum wage and overtime...more
11/19/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
Reversing decades of precedent, the National Labor Relations Board (“Board”) issued two recent decisions that will significantly restrict the right of employers to provide information to their employees about the impact of...more
On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary...more
9/16/2024
/ Department of Labor (DOL) ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Over-Time ,
Popular ,
Regulatory Authority ,
Wage and Hour ,
White-Collar Exemptions
In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more
8/26/2024
/ Biden Administration ,
Construction Industry ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Final Rules ,
Labor Reform ,
NLRA ,
NLRB ,
Popular ,
Proposed Regulation ,
Trump Administration ,
Unfair Labor Practices ,
Union Representatives ,
Unions
As we previously reported, the Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” on April 23,...more
On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more
7/18/2024
/ College Athletes ,
Colleges ,
Educational Institutions ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Student Athletes ,
Universities ,
Wage and Hour
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on workplace harassment subject to federal employment discrimination laws. Aptly titled, “Enforcement Guidance on Harassment in...more
On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” which raises the...more
On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule – known informally as the “walk around rule” – which makes two changes to its Representatives of Employers and Employees...more
On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...more
As part of a final rule published on July 25, 2023, and in connection with its newly published Form I-9 (which employees may use after August 1), certain employers will be able to permanently verify an employee’s employment...more
On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old...more
7/3/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more
Two labor organizations, SEIU Healthcare Pennsylvania (SEIU) and the Strategic Organizing Center (SOC), have lodged a public complaint with the Department of Justice (DOJ) alleging that the University of Pittsburgh Medical...more
Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more
Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds...more
On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor...more
2/28/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
The Department of Labor’s Wage and Hour Division (“WHD”) recently issued Field Assistance Bulletin (FAB) No. 2023-1 to address breaks for employees who telework under the Fair Labor Standards Act (“FLSA”), and application of...more
For the second time in less than a week, the National Labor Relations Board has thrown out a Trump-era standard and reinstated Obama-era rules favorable to labor unions. In Bexar County Performing Arts Center Foundation,...more