On November 15, 2024, a federal judge in Texas struck down the U.S. Department of Labor’s (DOL) latest attempt to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemption,...more
11/18/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Statutory Authority ,
Wage and Hour ,
White-Collar Exemptions
On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision prohibiting the practice of holding mandatory employee meetings to discuss the employer’s views on unionization....more
On November 4, 2024, New York City Mayor Eric Adams signed legislation to ensure hotel safety that will mandate a comprehensive licensing system for hotels to operate in New York City, implement several consumer safety...more
On November 8, 2024, the National Labor Relations Board (NLRB) ruled that telling employees unionization could impact their relationship with their employer may violate the National Labor Relations Act (NLRA), overturning...more
As the nation concludes the 2024 elections, employers may want to keep an eye on the outcomes of several key state ballot measures that will have significant implications for wage policies, employee benefits, and compliance...more
A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime...more
11/11/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Missouri voters have approved a state ballot measure that will increase the state minimum wage starting in 2025 and provide employees in the state with paid sick and safe leave, becoming one of the latest to join the growing...more
New York City employees may soon be entitled to take sick leave to care for their pets if a newly introduced bill is passed by the city council....more
Just months after issuing its final rule implementing the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) has initiated multiple actions against employers for allegedly violating...more
11/6/2024
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Consent Decrees ,
Enforcement ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Interpretive Opinions ,
New Legislation ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
While voters heading to the polls this November are likely focused on the neck-and-neck presidential election and several tight congressional races, voters in Alaska, Missouri, and Nebraska are further considering ballot...more
Despite some recent positive signs for the U.S. economy, many companies still face the prospect of reductions in force (RIFs), which can be challenging and involve complex processes that require careful planning and...more
The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit....more
In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views...more
A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit...more
10/9/2024
/ Dismissals ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Litigation ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting...more
California Governor Gavin Newsom has vetoed a bill that sought to ensure the safe development of artificial intelligence (AI), including by imposing whistleblower protections for developers’ employees who reported potential...more
10/4/2024
/ Artificial Intelligence ,
Cybersecurity ,
Governor Newsom ,
Governor Vetoes ,
Innovation ,
Innovative Technology ,
Misappropriation ,
Pending Legislation ,
Safety Standards ,
Software Developers ,
Technology Sector ,
Whistleblower Protection Policies ,
Whistleblowers
New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more
10/1/2024
/ Artificial Intelligence ,
Audio Recording ,
Automated Systems ,
Consent ,
Employer Liability Issues ,
Employment Policies ,
Machine Learning ,
Mobile Devices ,
NLRA ,
NLRB ,
Productivity ,
Smartphones ,
Transcripts
The Federal Trade Commission (FTC) is appealing a Florida federal court ruling temporarily blocking the FTC’s noncompete ban a month after a Texas federal judge in a separate case blocked the FTC’s ban on a nationwide basis....more
Tropical Storm Helene is projected to hit Florida’s Gulf Coast as a major hurricane later this week, and evacuations are already underway in parts of the state. Employers are likely to face inevitable workplace safety risks...more
The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S....more
9/23/2024
/ Civil Monetary Penalty ,
Corporate Misconduct ,
Corruption ,
Credit Rating Agencies ,
Department of Justice (DOJ) ,
Electronic Communications ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Pilot Programs ,
Financial Institutions ,
Foreign Corporations ,
Fraud ,
Instant Messaging Apps ,
Pilot Programs ,
Qui Tam ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers
One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more
9/19/2024
/ Contract Drafting ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Human Resources Professionals ,
Multistate Employers ,
Release of Claims ,
Restrictive Covenants ,
Separation Agreement ,
Severance Agreements ,
Standard Form Contracts ,
Termination ,
Voluntary Reduction in Force
The State of New Jersey is on the verge of finalizing its regulations for the Temporary Workers Bill of Rights (TWBR), a significant move that will enhance protections and further equalize compensation for temporary workers...more
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions....more
9/12/2024
/ Chevron Deference ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Salaried Employees ,
Statutory Authority ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Millions of Americans will be headed to the polls on November 5, 2024, in what is shaping up to be an extremely close presidential election with high voter turnout. Employers may need to consider how employees’ voting time...more
These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more
8/23/2024
/ Analytics ,
CIPA ,
Consumer Privacy Rights ,
Cookies ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Penal Code ,
Retail Tracking ,
Social Media ,
State Data Privacy Laws ,
Web Tracking ,
Websites