Employment Law Blog

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 >

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 >

School's Out, Work's In--Considerations for Seasonal Employment

As summer approaches, many businesses will be thinking about hiring seasonal employees. Whether those are high schoolers looking for pocket change, college students in need of internship credits, or just more sets of hands to assist with the busy months, specific considerations need to be made for your seasonal workers to assure legal compliance. More >

Working from Home is Here to Stay—Here’s How Employers Should Adapt

Over the past two years, the letters “WFH” have become a familiar shorthand as more people than ever worked from home due to the COVID-19 pandemic. Now, though many employees are returning to their workplaces, many are choosing—or requesting—to continue their remote work configuration. One thing is clear—though working from home may have seemed like a temporary fix at the outset, it’s here to stay. Employers should consider reviewing and updating their policies to be better equipped for the continued presence of remote work and ensure continued success and safety. More >

Vaccine Mandate Mythbusting: Debunking 5 Common Misconceptions for Employers

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

With the rise of COVID-19 variants and the return to in-office work, more employers are making the decision to require their employees to be vaccinated against COVID-19. However, a number of pervasive myths about vaccine mandates have fueled employee backlash and made many employers hesitant to enact such policies. Employers should be aware of these myths for what they are and understand the facts behind them. More >

Supreme Court: Bad Intent Not Enough to Violate the Computer Fraud and Abuse Act

In an unlikely 6-3 decision where Justices Barrett, Gorsuch, and Kavanaugh joined the three so-called “liberal justices,” the United States Supreme Court held on June 3, 2021, that a police officer did not violate the Computer Fraud and Abuse Act, 18 U.S.C. §1030(a)(2) (“CFAA”), by accessing a law enforcement database to retrieve information to commit a crime. This case may have far-reaching implications for companies that provide access to trade secrets and confidential information to employees, and it’s probably time for them to review their contracts and policies. More >

ALERT: Chad C. Brown, Inc. and Horse Trainer Chad Brown must pay $1.6M in Department of Labor Wage and Hour Violations Investigation

In a development that should make every horse operation in Kentucky stand up and take notice, trainer Chad Brown will pay $1.6 million to cover back wages, liquidated damages and civil penalties for what the Department of Labor (“DOL”) considers to be willful violations of the Fair Labor Standards Act (“FLSA”) and the H-2B non-immigrant visa program. More >

Five things for HR Professionals to Double-Check Yesterday (Or as Soon as Possible)

In the day-to-day rush of business, it’s easy to overlook key employment issues, but they have a way of turning into true headaches for HR professionals. Below are five HR matters that have a habit of becoming bigger problems for employers, and if you aren’t paying attention to them, you may be putting the business at serious risk. More >