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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Littler

Puerto Rico Secretary of Labor Clarifies the Application of Act No. 27-2024

Littler on

On September 10, 2024, the Puerto Rico Secretary of Labor issued an Opinion (No. 2024-02) to clarify and provide additional information about the application of Act No. 27-2024, known as the "Act to Facilitate the...more

Bodman

Are Independent Contractors Covered Under Michigan’s Earned Sick Time Act?

Bodman on

Employers know by now that Michigan’s Earned Sick Time Act (“ESTA”) will become effective in February of 2025.  As Human Resources professionals plan to implement ESTA-complaint policies, one of the big questions is – who,...more

Mandelbaum Barrett PC

Paid Lactation Breaks Are Now Mandatory In New York

Mandelbaum Barrett PC on

Effective June 19, 2024, all employees in the State of New York have the right to paid break time to express breast milk. Specifically, N.Y. Labor Law § 206-c1 provides that “an employer shall provide paid break time for...more

Fisher Phillips

Florida’s Minimum Wage Will Rise Again on September 30: What Employers Need to Know and What You Should Do Next

Fisher Phillips on

Florida’s minimum wage will rise yet again on September 30, jumping to $13/hour (and to $9.98 for tipped workers) as part of a series of scheduled increases approved by voters in 2020. While employers across the Sunshine...more

Lewitt Hackman

PAGA: Early Evaluation Conference

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This is the final of a three-part series addressing the changes to California’s Private Attorneys General Act. In this part we discuss the Early Evaluation Conference....more

Thomas Fox - Compliance Evangelist

Addressing Pre-taliation

One of the most talked about subjects in corporate compliance is the issue of pre-taliation—an increasingly common enforcement target by the U.S. Securities and Exchange Commission (SEC). Matt Kelly and I did a recent podcast...more

Seyfarth Shaw LLP

Legislative Update: Legislature Hikes the Ball For Signing Kickoff

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into...more

BakerHostetler

Fifth Circuit Upholds DOL Authority to Set Minimum Salary Threshold for EAP Exemption from FLSA Overtime Requirements

BakerHostetler on

In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more

Seyfarth Shaw LLP

Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

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Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories

The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved....more

Genova Burns LLC

Retailers Face New Compliance Requirements: Violence Prevention and Panic Buttons Under New York Law

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On September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act (“Act” and “Legislation”), which in 6 months, will impose a series of new obligations on retail businesses operating in the...more

Seyfarth Shaw LLP

OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer

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Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer....more

Epstein Becker & Green

FTC and DOJ Signal Continued Interest in Labor Markets with New MOU

Epstein Becker & Green on

On August 28, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) entered into a new Memorandum of Understanding (MOU) with the U.S. Department of Labor (DOL) and the National Labor Relations...more

McAfee & Taft

Gavel to Gavel: OSHA turns up the heat on workplace safety

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On August 30, 2024, the Occupational Safety and Health Administration published a proposed rule to protect millions of workers from a leading cause of weather-related deaths in the United States: heat. You know, that weather...more

Beveridge & Diamond PC

OSHA Proposes New Heat Injury and Illness Prevention Standard

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As summer temperatures shatter records across the country, the Occupational Safety and Health Administration (OSHA) is turning up the heat on employers in an effort to protect workers from high temperatures. In a continuation...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Children’s Healthcare of Atlanta for Disability Discrimination

Says Children’s Hospital Rescinded Job Offer to Applicant Seeking a Disability-Related Accommodation - ATLANTA – Children’s Healthcare of Atlanta, Inc. (CHOA), a pediatric health care system based in Atlanta, violated...more

Morgan Lewis - ML Benefits

DOL Reiterates Its Focus on Cybersecurity with Updated Guidance

The US Department of Labor (DOL) issued a press release on September 6, 2024 reminding ERISA plan fiduciaries that it considers cybersecurity to be an area of “great concern” and emphasizing that it continues to investigate...more

King & Spalding

Amendments to the Saudi Labor Law

King & Spalding on

On 6 August 2024, the Council of Ministers approved amendments to the Kingdom of Saudi Arabia (“KSA”) Labor Law and its Implementing Regulations. These will come into force on 19 February 2025, 180 days after being published...more

Kilpatrick

QPAM Exemption Notification Deadline – Sunday, September 15, 2024

Kilpatrick on

On April 2, 2024, the Department of Labor (the “DOL”) finalized its amendment to the Qualified Professional Asset Manager (“QPAM”) prohibited transaction exemption (the “QPAM Exemption”). Among the changes made to the QPAM...more

Morgan Lewis

Illinois Passes New Law to Address AI in the Workplace

Morgan Lewis on

Despite the rapid rise in the use of artificial intelligence (AI) in the workplace, legislation regulating employers’ use of AI remains sparse. Until recently, only New York City and Colorado had passed laws governing an...more

Cozen O'Connor

California and New York Pass Workplace Violence Laws: Is Federal OSHA Next?

Cozen O'Connor on

When CA’s Workplace Violence Prevention Law took effect on July 1, 2024, it joined a handful of other states including CT, IL, MD, MN, NJ, OR and WA with some type of similar law. On September 4, 2024, Governor Hochul signed...more

Husch Blackwell LLP

Fifth Circuit Concludes FLSA 2019 Minimum Salary Rule Falls Within Department of Labor's Authority

Husch Blackwell LLP on

We previously wrote about the U.S. Department of Labor’s 2024 overtime rule that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). We explained that this rule was bound to face legal...more

Amundsen Davis LLC

Federal Appeals Court Invalidates the U.S. Department of Labor’s 2021 Tip Credit Rule

Amundsen Davis LLC on

On August 23, 2024, in the case of Restaurant Law Center, et. al. v. U.S. Department of Labor, et. al., the U.S. Court of Appeals for the Fifth Circuit invalidated the U.S. Department of Labor’s (DOL) 2021 Tip Credit Rule...more

Constangy, Brooks, Smith & Prophete, LLP

Miss Mannerly's five tips for political peace in the workplace

Election Day is almost upon us, Gentle Reader. Behave! Dear Miss Mannerly: My employees have strong political views, and since the Presidential debate the other night, they are out of control. They are split about evenly...more

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