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Raising the FLSA Exemption Bar: More Workers Will Be Eligible For Overtime

The U.S. Department of Labor (DOL) published its Final Rule on April 23, 2024, updating the minimum salary threshold for exemption from overtime payment obligations under the Fair Labor Standards Act (FLSA). The Rule created...more

New EEOC Regulations Require Accommodations for Workers Due to Their Pregnancy and Other Pregnancy-Related Medical Conditions

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published much anticipated regulations implementing the Pregnant Workers Fairness Act (PWFA). These regulations will take effect in June...more

Tales From the NLRB: Unfair Labor Practices May Result in Order to Bargain with Union

On August 25, 2023, the National Labor Relations Board (Board), upended almost 50 years of precedent by deciding in Cemex Construction Materials Pacific, LLC (Cemex) that an employer who commits an Unfair Labor Practice (ULP)...more

Tales from the NLRB: Work Rules May Be Presumptively Unlawful

In a case of déjà vu all over again, on August 2, 2023, the National Labor Relations Board (Board) returned to the Obama era ruling that facially neutral work rules may be per se violative of Section 7 of the National Labor...more

SCOTUS Clarifies Employer’s Undue Hardship Standard for Religious Accommodations

On June 29, 2023, in Groff v. DeJoy, the Supreme Court of the United States, in a rare unanimous decision written by Justice Samuel Alito, held an employer may deny a religious accommodation request from an employee only if...more

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

Tales From the NLRB: More Remedies More Often

On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more

Tales from the NLRB: When Terminating an Employee, Confidentiality and Non-Disparagement Provisions Are ULPs

The National Labor Relations Board (Board), in a bold move on February 21, 2023, decided that employers commit an unfair labor practice act (ULP) under the National Labor Relations Act (NLRA) when they merely offer severance...more

FTC Proposes Banning (Almost All) Non-Compete Agreements

The New Year has certainly started with a bang at the Federal Trade Commission (FTC). First, the agency announced enforcement actions against three employers prohibiting those companies from using non-competition agreements...more

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