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SCOTUS Opens the Door to “Reverse” Discrimination
Employers expecting good news from a largely pro-employer Supreme Court have just been dealt an unexpected headache. In a rare unanimous opinion, the United States Supreme Court opened the door a little further to claims of “reverse” discrimination in the case of Ames V. Ohio Department of Youth Services. The Court removed the requirement that plaintiffs claiming reverse discrimination must prove their claims with additional background circumstances that were not required for a traditional discrimination claim. More >
The DOL's Final Rule for Overtime Salary Threshold is Dead in the Water
Employers can now breathe a sigh of relief. The U.S. District Court for the Eastern District of Texas has struck down nationwide the Department of Labor's (DOL) Final Rule for raising the minimum salary threshold for employees exempt from overtime pay, also known as "white collar overtime exemption" or "EAP exemption." More >
FTC Ban on Noncompetes Struck Down
A Texas Court struck down the FTC's Rule banning noncompete agreements set to take effect on September 4th, 2024. The Court ruled that the FTC had overstepped its authority in implementing the Rule and further held that the Rule was overly broad because it provided no reasonable explanation for banning virtually all noncompete agreements. More >
TWO Threshold Hikes for the Price of One: DOL Issues Final Overtime Salary Threshold Rule
As tipped in September of 2023, the Wage and Hour Division of the Department of Labor (“DOL”) has finally released the Final Rule for raising the minimum salary threshold for employers eligible for exemption from overtime pay. While the new rule isn’t vastly different from the proposed rule, there are still enough substantive changes for employers to pay close attention. More >
It's Official: FTC Issues Final Rule Banning Non-Competes
In a stunning move the same day the Department of Labor issued a rule raising the overtime salary threshold, the Federal Trade Commission issued its own long-gestating rule banning noncompete clauses nationwide. Employers should begin reviewing their contracts immediately to understand how this sweeping change will affect their workforce. More >
Here We Go Again: New DOL Independent Contractor Rule In Effect
In the continuing tug of war that has taken place with recent successive presidential administrations, the Department of Labor (“DOL”) on January 10th, 2024, published a new final rule to once again define “independent contractor” for purposes of the Fair Labor Standards Act (“FLSA”). The new rule adopts a six-factor test to determine the “economic reality” of the relationship between the worker and the potential employer. It went into effect on March 11th. More >
Amidst Unionization Trends, What Can Employers Do?
With strikes and unionization efforts appearing in recent news with great frequency, many employers are left wondering, “Am I next?” Though labor organizing creates a tough legal line for employers to walk, there are options to protect your business from union activity. More >
Dogs and Horses and…Alligators? Oh My! How to Handle Service and Support Animals in the Workplace
Recently, a Philadelphia man made news when he and his “emotional support alligator” were denied entrance to the Phillies stadium. That decision may seem obvious, but in recent years, issues surrounding support and service animals have become more complicated, especially in the workplace. More >
DOL Moves to Raise Salary Floor in Proposed Overtime Rule
The U.S. Department of Labor has proposed to raise the salary threshold—a long-anticipated yet dreaded move that will affect how many employers pay their workers. More >
