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Smith Gambrell Russell

FLSA Does Not Require Higher Standard of Proof for Employers to Demonstrate Employee Exempt Status Under the FLSA

Smith Gambrell Russell on

On January 15, 2025, the U.S. Supreme Court unanimously resolved a split among federal Circuit Courts and found employers need only demonstrate by a “preponderance of the evidence” standard that an employee is exempt from the...more

White and Williams LLP

NJ and PA Workers' Compensation Benefits for 2025

White and Williams LLP on

Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates...more

U.S. Equal Employment Opportunity Commission...

EEOC Publishes Annual Performance and General Counsel Reports for Fiscal Year 2024

Agency Recovers Record $700 Million for Workers, Files First Cases Enforcing the Pregnant Workers Fairness Act - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today announced its report on the...more

U.S. Equal Employment Opportunity Commission...

PACE Southeast Michigan to Pay $170,000 in EEOC Disability Discrimination Lawsuit

Settles Federal Suit Charging Adult Care Provider Refused to Reasonably Accommodate Employees with Disabilities - DETROIT – PACE Southeast Michigan, a company providing all-inclusive care for the elderly, will pay $170,000...more

Proskauer - Employee Benefits & Executive...

PBGC Technical Update on Accelerated Premium Filing Due Dates for 2025

As described in further detail below, absent Congressional action, plan sponsors should take note that PBGC premium filings will generally be due one month earlier than usual for plan years beginning in 2025. This...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues FCA US LLC for Sexual Harassment

Federal Agency Charges Automaker Routinely Ignored Sexual Harassment Complaints, Compelling One Female Employee to Resign - DETROIT – FCA US, L.L.C., an international automobile manufacturer, violated federal law when it...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sam’s Club for Disability Discrimination

Federal Agency Charges Retailer With Firing Employee After Refusing to Accommodate Her Disabilities - ATLANTA – Sam’s East, Inc. and Walmart Inc., which together operate a chain of warehouse club retail stores known as...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TCI of Alabama for Sex Discrimination

Federal Agency Charges Alabama Recycler Refused to Hire Females for Laborer Positions - BIRMINGHAM, Ala. – Delaware-based TCI of Alabama, LLC, a recycler of large items such as transformers and electrical equipment,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues General Motors and UAW for Age Discrimination

Federal Agency Charges Car Manufacturer and Labor Union Denied Sickness and Accident Benefits to Older Workers - BEDFORD, Ind. – General Motors (GM) and the international union of United Auto Workers violated federal law...more

Holtzman Vogel Baran Torchinsky & Josefiak

New York State Senate Finance Committee to Consider DEI Bill

With the transfer of power to a new presidential administration, much of America is turning against the controversial diversity, equity, and inclusion (DEI) agenda. In Albany, however, the New York State Senate this week is...more

Ius Laboris

Ireland’s Push for Transparency With New Restrictions on NDAs

Ius Laboris on

After much anticipation, a new law has come into effect in Ireland which places significant restrictions on employers when entering into non-disclosure agreements (‘NDAs’) with employees or former employees....more

Cadwalader, Wickersham & Taft LLP

FTC & DOJ Substantially Revise Guidance on Application of Antitrust Laws to Activities Affecting Workers: Trump Administration...

Two working days before the inauguration of President Trump, the federal antitrust agencies have withdrawn the Antitrust Guidance for Human Resource Professionals (2016) (“Guidance Document”), and issued Antitrust Guidelines...more

Schwabe, Williamson & Wyatt PC

Kotek Provides Additional Guidance on Executive Order Mandating PLAs

On December 18, 2024, Oregon Governor Tina Kotek issued Executive Order No. 24-31 (the “PLA Executive Order”). Under the order, Governor Kotek directed state agencies to require Project Labor Agreements (“PLAs”) for nearly...more

Epstein Becker & Green

TikTok, the Clock Won’t Stop, and Cases Involving Court Jurisdiction Narrowly Focused - SCOTUS Today

Epstein Becker & Green on

As the snow has fallen on Washington, DC’s First Street over the past few days, the Supreme Court has begun to issue opinions in the current term....more

A&O Shearman

Overview of the New Luxembourg Tax Measures to Improve Talent Attraction and Retention

A&O Shearman on

On December 20, 2024, the Luxembourg parliament adopted without material changes the tax relief package bill that we covered in a previous publication. Amongst others, this law introduces, as of fiscal year 2025, the...more

Lowndes

U.S. Supreme Court Rejects Higher Standard of Proof for Overtime Exemptions

Lowndes on

In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more

Littler

High Court Reaffirms Preponderance-of-the-Evidence Standard for FLSA Overtime Exemptions

Littler on

On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard.  In so doing,...more

Hinckley Allen

CT Employers Beware: Compliance with the New Paid Sick Leave Law Requires Familiarity with the Intricacies of the Law

Hinckley Allen on

The expanded CT Paid Sick Leave requirements were signed into law on May 21, 2024, and were effective January 1, 2025. Since that time, the CT Department of Labor (“DOL”) published, and subsequently updated, FAQs and...more

Ius Laboris

Preventing Risks, Protecting Workers: New Safety Regulation Explained

Ius Laboris on

A new regulation on the prevention of occupational risks for a safe and healthy work environment comes into force in Chile on 1 February 2025. This new regulation updates the responsibilities of employers, focusing on the...more

Zelle  LLP

“With a Gap in the Pleadings and Extrinsic Evidence Unavailable,” the Insurer has a Duty to Defend

Zelle LLP on

On December 11, 2024, the United States District Court for the Southern District of Texas refused to allow extrinsic evidence under the Monroe conditions where plaintiff’s employment status and the merits of the case...more

Littler

Massachusetts Gets Transparent: FAQs Clarify the Commonwealth’s Pay Transparency Law

Littler on

Massachusetts’ Executive Office of Labor and Workforce Development (LWD) recently published FAQs that provide guidance on the state’s new pay transparency law, formally titled the Frances Perkins Workplace Equity Act. The Act...more

Littler

Portugal’s Authority for Working Conditions Begins New Investigation Action to Ensure Compliance with Equal Pay Requirements

Littler on

On January 7, 2025, the Authority for Working Conditions (“ACT”) officially began a new investigation action to verify and ensure legal compliance with the requirements to provide equal pay for men and women....more

Nelson Mullins Riley & Scarborough LLP

Important Update for Massachusetts Employers: February 1, 2025 Wage Data Reporting Deadline

Earlier this year, Massachusetts enacted a new law entitled an Act Relative to Salary Range Transparency (the “Act”). Under the Act, employers must disclose certain salary and wage information in job postings and...more

Robinson+Cole Data Privacy + Security Insider

New Jersey AG Says Anti-Discrimination Law Covers Algorithmic Discrimination

Last week, New Jersey Attorney General Matthew Platkin announced new guidance that the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination, i.e., when automated systems treat people differently...more

Littler

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

Littler on

On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more

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