For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the National Labor
HR Law Talk
HR Law Talk, published by Bass, Berry & Sims PLC, focuses on labor and employment law issues affecting employers. The blog covers topics such as employee classification and misclassification, noncompete agreements, state and federal regulatory compliance, employee benefits including ERISA welfare plans, pharmacy benefit manager (PBM) laws, and the impact of healthcare developments on employer-sponsored plans. It provides analysis of legal rulings, legislative changes, and enforcement trends relevant to human resources and employment law practitioners. The content is aimed at helping employers navigate complex and evolving legal requirements in workforce management and benefits administration.
Latest from HR Law Talk - Page 2
Federal Sixth Circuit Tightens NLRB 10(j) Injunction Standard
In its decision, the United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) dissolved a 10(j) injunction against an employer, holding that federal courts should not issue injunctions in failure-to-bargain cases unless concrete evidence shows that the…
Tennessee Joins List of States Rewriting Rules on Non-Compete Agreements: What Employers Need to Know
Restrictive covenant legislation is growing in popularity across the United States. Tennessee, a state long regarded as business-friendly, is among the list of states creating statutory definitions of what is reasonable for non-compete agreements.…
DOL Proposes New Uniform “Joint Employer” Rule
On April 23, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued a proposed rule seeking to establish a unified “Joint Employer” test under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and…
Emerging Alternatives for GLP-1 Prescription Drug Coverage: What Plan Sponsors Need to Know
As GLP-1 medications become an increasingly significant cost driver for employer-sponsored health plans, plan sponsors are seeking creative solutions beyond conventional pharmacy benefit manager (PBM) channels. Direct-to-consumer reimbursement models have emerged as a compelling alternative, enabling participants to obtain these…
Appeals Court Affirms DOL Authority in Companionship Exemption Case
I was recently quoted in McKnight’s Home Care in connection with a new decision from the U.S. Court of Appeals for the Sixth Circuit that supports the Department of Labor’s pending reinstatement of the companionship exemption. The ruling is notable…
ERISA Preemption – Alive and Well
By Susie Bilbro, Doug Dahl & Nicole Roth
The recent rise in state law regulation of pharmacy benefit managers (PBMs) and prescription drug pricing continues to test the limits of preemption under the Employee Retirement Income Security Act of 1974, as amended (ERISA).…
Key Developing Areas for Employers: EEOC Priorities, Leave Laws and AI
We authored an article for Employee Relations Law Journal outlining three developing areas for employers this year: navigating Equal Employment Opportunity Commission (EEOC) priorities, leave laws and artificial intelligence (AI). We provided practice steps on how employers can stay compliant within this…
Federal Appeals Court Invalidates NLRB’s Cemex Standard
The United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) recently ruled that the National Labor Relations Board (NLRB) exceeded its authority when it issued its decision in Cemex Construction Materials Pacific LLC. As a result, at…
Delaware Supreme Court Reverses Court of Chancery, Affirming that Forfeited Equity Remains Valid Consideration for Non-Competes
On February 3, the Delaware Supreme Court issued a critical decision for private equity (PE) sponsors and institutional employers in North American Fire Ultimate Holdings LP v. Doorly. The court clarified that restrictive covenants—specifically non-competes tied to equity grants—remain…