“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246 (EO11246), along with several other previously enacted executive orders
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Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision, some courts had
BREAKING: DOL Expands the Voluntary Fiduciary Correction Program
Earlier today, the U.S. Department of Labor (DOL) published in the Federal Register an updated version of the Voluntary Fiduciary Correction Program (VFCP) under Title I of ERISA. Per the DOL, VFCP “is designed to encourage correction of fiduciary breaches
Navigating 2025 Pay Transparency Laws: What Employers Need to Know Across States
Massachusetts, Minnesota, New Jersey and Vermont have each enacted pay transparency laws which are effective in 2025 and Illinois amended its Equal Pay Act to include pay transparency requirements effective as of January 1, 2025. Enactment of pay transparency laws
National Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office
On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted re-appointment of Chairman McFerran failed on a procedural
Status of PBM Regulation in the States
I recently authored an article for BenefitsPRO examining the status of pharmacy benefit manager (PBM) regulation in the states. While benefits professionals have seen the cost of prescription drugs rise, there is a lack of consensus as to what exactly
Federal Judge Strikes Down Increased FLSA Salary Basis Threshold
A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime. This ruling means that the new rule has been
NLRB Releases Two Major Decisions Less Than a Week Apart
The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the longevity of these rulings with an
Use of AI in Human Resources
We recently authored an article for HR.com’s HR Legal & Compliance Excellence magazine examining the role of artificial intelligence (AI) in human resources and considerations employers should watch for when adopting AI technology.
Why Employee Handbooks Still Matter and Where They Can Go Wrong
Employee handbooks might seem like routine HR paperwork, but they continue to play a critical role in protecting employers if they’re done right.