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Fourth Circuit Terminates Maryland District Court’s DEI Injunction

On March 14, the U.S. Court of Appeals for the  Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20...more

DEI Developments: DOJ Issues Memo, “Ending DEI and DEIA Discrimination and Preferences”

As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to...more

President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC

Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in...more

President Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented

Late Monday night, President Trump made two major changes to the National Labor Relations Board (NLRB), both of which will cause a major shift in the political leanings of the NLRB and one that may substantially impact the...more

Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions

A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision,...more

National Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office

On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted...more

Federal Judge Strikes Down Increased FLSA Salary Basis Threshold

A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime.  This ruling means that...more

NLRB Releases Two Major Decisions Less Than a Week Apart

The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the...more

Manufacturing & Industrial: Outlooks & Trends

As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI...more

Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?

As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all...more

Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job...

In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This...more

Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee...

On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register...more

NLRB Issues New Rule Broadening Joint-Employer Status

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more

Employers Must Switch to New Version of Form I-9 by October 31, 2023

The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will publish a revised Form I-9 (Employment Eligibility Verification), which is used by employers to verify an employee’s identity and...more

Supreme Court Strengthens Burden in Religious Accommodation Requests

The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.”  Employers will now have a harder time denying religious...more

Sixth Circuit Adopts New Certification Procedure Under the FLSA

The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly...more

U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay

The U.S. Supreme Court recently ruled that a highly compensated employee who was paid a guaranteed daily rate but not a guaranteed weekly rate was not properly paid “on a salary basis” and, therefore, was not correctly...more

Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act

The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an...more

Tennessee Expands (Minimally) Medical Marijuana Law and Establishes Cannabis Commission

Tennessee recently enacted a minimal expansion of its medical marijuana law. The law took effect May 27, 2021, and it slightly enlarges the medical conditions for which persons may possess a very limited amount of...more

Students May Unionize After All: NLRB Withdraws Proposed Rule

The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board...more

Supreme Court Rules that Title VII Protects LGBTQ Employees

The U.S. Supreme Court issued a landmark decision on Monday, June 15, in the case of Bostock v. Clayton County, ruling that the prohibitions against discrimination “because of sex” contained in Title VII of the Civil Rights...more

Employers Beware - Union Neutrality Requirements in New Stimulus Package

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the new stimulus package recently passed by Congress, includes a “union neutrality” mandate for mid-sized employers who accept loan proceeds. This union...more

Nashville Mayor John Cooper Announces Safer at Home Order

On Sunday, March 22, Nashville Mayor John Cooper announced the “Safer at Home Order,” issued by the Medical Director pursuant to the Metro Public Health Department’s declaration of a Health Emergency. This order closes...more

What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to...more

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