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

Employment Law Bills Await Governor Newsom’s Signature Or Veto

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It is that time of year again, when California Governor Gavin Newsom considers a number of bills that need to be signed by September 30, 2024, in order to take effect. Several of those bills would impact California employers,...more

Polsinelli

The Fifth Circuit Confirms the DOL’s Authority to Use Salary Basis Test for FLSA Overtime Exemptions

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On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit in Mayfield v. U.S. Department of Labor confirmed that the United States Department of Labor (“DOL”) has the authority to use a salary basis to define its...more

FordHarrison

Fifth Circuit Affirms DOL's Authority to Set Salary Thresholds For FLSA Exemptions

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Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime...more

Littler

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

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In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4,...more

Polsinelli

New York Requires Workplace Violence Prevention Plans for Retailers

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On September 4, 2024, New York Governor Kathy Hochul signed the New York Retail Worker Safety Act (the “Act”) into law. The Act requires all employers in New York with 10 or more employees working at a retail store to prepare...more

Verrill

A Brief Guide to Qualified Disclaimers for Retirement Plan Administrators

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A “qualified disclaimer” is a tax-effective way to refuse a transfer of property that would otherwise occur on someone’s death. From time to time, retirement plan administrators may be contacted by a beneficiary who wants a...more

Jenner & Block

Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

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In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more

McDermott+

McDermott+ Check-Up: September 13, 2024

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House Education & the Workforce Health, Employment, Labor, and Pensions Subcommittee Holds Hearing on ERISA’s 50th Anniversary. Members and witnesses assessed how the Employee Retirement Income Security Act of 1974 (ERISA)...more

Kohn, Kohn & Colapinto LLP

Emergency Congressional Action Needed to Save CFTC Whistleblower Program

In 2021, Congress passed an emergency measure to save the U.S. Commodity Futures Trading Commission (CFTC) Whistleblower Program from financial collapse. This measure is set to expire at the end of September, threatening to...more

Ballard Spahr LLP

SEC Announces Settlements with Seven Public Companies for Violations of Exchange Act Whistleblower Protections in Employee and...

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The SEC has begun to bring enforcement actions against companies whose employment and client agreements could appear to infringe on the right to report cases in violation of Section 21f-17(a) of the Exchange Act. On September...more

Hall Benefits Law

Courts Issue Injunctions Blocking Expansion of ACA Section 1557 to Prohibit Discrimination Based on Gender Identity

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A Mississippi federal district court has issued a nationwide injunction and stay on some of the new federal regulations concerning Affordable Care Act (ACA) Section 1557, which prohibits discrimination in specified health...more

Bond Schoeneck & King PLLC

Manufacturing in the Upstate NY Tech Corridor Employment Laws that are Unique to New York Part 1

For manufacturers and suppliers expanding their operations into New York State for the first time, there are a myriad of legal idiosyncrasies to navigate. Businesses must proactively identify areas in which a different...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The end of forfeitures to reduce contributions is inevitable

Recently had a client going through an Internal Revenue Service (IRS) audit and while talking to an agent, they didn’t disagree with my theory that the idea of being able to reduce employer contributions through forfeitures...more

Ballard Spahr LLP

DOL Authority to Increase Overtime Compensation Thresholds Affirmed

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On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary...more

Jackson Lewis P.C.

Illinois Amends Temp Worker Law, Boosting Employer Obligations

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The Illinois Day and Temporary Labor Services Act (IDTLSA) has been amended for the third time in the last year. Codified as Public Act 103-1030, the amendments clarify employers’ and staffing agencies’ obligations on equal...more

Shipman & Goodwin LLP

New Federal Regulations Strengthening Mental Health Parity Coverage

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On September 9, 2024, the U.S. Department of Labor (the “DOL”), the U.S. Department of the Treasury and the U.S. Department of Health and Human Services (“HHS”) jointly released regulations entitled “Requirements Related to...more

Proskauer - Labor Relations Update

President Biden Signs Executive Order Directing Agencies to Prioritize Pro-Union and Union Neutrality Policies

On September 6, 2024, President Biden signed an Executive Order on Investing in America and Investing in American Workers (the “Order”), that, among other things, aims to provide “incentives for federally assisted projects...more

BCLP

Illinois Employment Law Updates: AI Restrictions, New Protected Classes, and More

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The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”),...more

Conn Maciel Carey LLP

Crossover Alert: Illinois Day and Temporary Labor Services Act Imposes Various Labor Law and Workplace Safety Requirements on...

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By: Ashley D. Mitchell & Aaron R. Gelb On August 3, 2023, Illinois Governor J.B. Pritzker signed several amendments to the Illinois Day and Temporary Labor Services Act (“Act”) into law. The Act provides protections to...more

Clark Hill PLC

Colorado Supreme Court Rules “Holiday Incentive” Pay Must Be Calculated in Overtime Pay

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In Hamilton v Amazon.com, a Colorado Wage Act case, a former Amazon warehouse worker brought a suit against Amazon alleging Amazon failed to pay him the correct amount of overtime during time periods he also worked on a...more

Cranfill Sumner LLP

Making it “Rein”: Fifth Circuit Looks to Roll Back Department of Labor Rulemaking Authority

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A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s...more

BCLP

SEC Again Cracks Down on Companies That Restrict Whistleblowers

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As discussed in our December 15, 2023 client alert, the SEC has waged an aggressive effort to enforce alleged violations of the whistleblower protection rule.  On September 9, 2024, the SEC announced settled charges resulting...more

Mitratech Holdings, Inc

7 Tips for Effective Background Screening of Hourly Employees

Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more

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

New Jersey Nears Finalization of Temporary Workers Bill of Rights Regulations

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

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

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Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

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