On July 3, 2024, the U.S. District Court for the Northern District of Texas issued a preliminary injunction against the Federal Trade Commission’s (“FTC”) “Non-Compete Rule.” As we discussed in our April 24, 2024 E-Lert, on April 23, 2024,
Latest from Shawe Rosenthal - Page 3
DOL Overtime Rule Enjoined from Taking Effect on July 1 – But Only as to the State of Texas Government
Just days before it was scheduled to take effect, a Texas federal court issued a preliminary injunction that prevents the U.S. Department of Labor’s (DOL) revised overtime exemption rule from taking effect as scheduled on July 1, 2024, but only
U.S. Supreme Court Undermines Federal Agency Authority, With Impact on the Workplace
On June 28, 2024, the Supreme Court overruled its 1984 Chevron decision, which required federal courts to defer to administrative agencies’ interpretations of ambiguous statutes. Under the new rule, announced in Loper Bright Enterprises v. Raimondo, courts reviewing an
So, A Union’s Own Unionized Workers Go On Strike…
For those of us labor attorneys who represent management in labor relations, there was a bit of schadenfreude (i.e. pleasure in another’s misfortune) with the news that employees engaged in a strike due to unfair labor practices allegedly committed by
NLRB Injunctions Are Now More Difficult to Obtain, At Least in Some Jurisdictions
In Starbucks Corp. v. McKinney, the Supreme Court held that a more stringent test applied to lawsuits filed by the National Labor Relations Board (the “Board”) that seek injunctions to halt serious labor violations. While the decision directs district
Three Overtime Rule Lawsuits, Three Judges – What Now?
As most employers (hopefully) know, the U.S. Department of Labor issued a final rule that will significantly increase the salary threshold for the exemptions from the Fair Labor Standard Act’s minimum wage and overtime requirements, as discussed in our April
Wait – the EEOC Is Really Serious About the EEO-1 Filing Requirement!
Many companies treat the annual EEO-1 filing requirement with, let’s say, some lack of urgency and, historically, there has been little to no consequence for failing to file the EEO-1 form. But a recent press release from the Equal Employment
General Counsel Abruzzo’s Latest Memorandum Encourages a Further Expansion of Remedies for Employees
On April 8, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued GC Memo 24-04, providing yet another memorandum broadening remedies for employees that have been wrongfully discharged for engaging in union or other protected concerted activity. In this
The DOL’s AI Principles for Employers – An Emphasis on Worker Rights
On May 16, 2024, the U.S. Department of Labor issued principles for employers (and developers) on the use of AI in the workplace. And unsurprisingly, given the Biden Administration’s pro-worker approach to employment issues, the “North Star” of these principles
No, the Solar Eclipse Is Not a Good Reason to Skip a Deposition
Last month, many of us took a few moments out of our day to view the solar eclipse (with the proper eyewear, of course – which made me wonder about the workers’ compensation liability for eye injuries incurred from deficient