On April 23, the Supreme Court heard oral argument in Starbucks Corp. v. McKinney, a case which examines what test the federal courts should apply when considering whether to grant preliminary injunctions under Section 10(j) of the National Labor Relations
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New York’s Prenatal Leave Requirement Part of a Larger Trend Affecting Employers
Although there is no federally-mandated paid leave for U.S. employees in the private sector, states have increasingly required that employers provide various forms of paid leave to their employees. That trend continues as several states began imposing requirements upon employers…
“Dollars and Sense” – Understanding the DOL’s New Salary Requirements for FLSA-Exempt Employees
On Tuesday, April 23, 2024, the U.S. Department of Labor (“DOL”) published the final version of a rule originally proposed in September 2023, raising the salary threshold for the Fair Labor Standards Act’s (“FLSA”) exemption for executive, administrative, professional, and…
Proposed California Law Would Penalize Employers for Contacting Employees After Hours
California lawmakers are considering passing a bill that would give employees the “right to disconnect” by ignoring after-hours calls, emails, and other communications from their employers. The bill, AB 2751, introduced by Assemblyman Matt Haney (D-San Francisco), would add a…
The Federal Trade Commission Issues a Final Rule Banning Most Worker Non-Compete Agreements
The Federal Trade Commission (FTC) voted on April 23 to approve a final rule banning most non-compete agreements between employers and their workers (Final Rule). The Final Rule is scheduled to go into effect 120 days after it is published…
SCOTUS Decides That A Position Transfer May Violate Title VII If An Employee is Worse Off Due to Discriminatory Reasons
Employers contemplating a forced transfer of a worker will need to grapple with a new standard set out by the US Supreme Court under Title VII of the Civil Rights Act of 1964, the law that makes it unlawful to…
EEOC and OFCCP Updates – Upcoming Deadlines, Revised Benchmarks and New Race Categories
The start of spring has brought with it important deadlines and announcements from the EEOC, OFCCP, and the OMB regarding the reporting of employee demographic data to the federal government.…
Navigating the “New” Normal: Understanding the DOL’s Independent Contractor Rule
The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January this year, which took effect March 11, 2024 and changed how the DOL analyzes whether a worker is properly classified as an employee or independent…
Biden Administration Incentivizing Participation in Apprenticeship Programs
On March 6, 2024, President Biden issued an Executive Order designed to increase participation in the U.S. Department of Labor’s Registered Apprenticeship Program (“the Program”). The purpose of the Program is to connect job seekers looking to learn new skills…
Sixth Circuit Highlights The Difficulty of Calculating Work-Related Expenses Under the FLSA
On March 12, 2024, the United States Court of Appeals for the Sixth Circuit reversed two separate district court decisions addressing how pizza delivery drivers should be reimbursed for their vehicle-related expenses under the Fair Labor Standards Act (FLSA).…