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The UAW Paradox: Consequences of “Successful” Labor Strike Continue to Materialize One Year Later

Last year, the United Auto Workers (“UAW”) championed what they considered to be a massive win derived from more than 50,000 of its 146,000 members striking at various Ford, Stellantis, and General Motors plants across twenty...more

First Circuit Declines to Enforce California’s Out-of-State Noncompete Ban

On September 26, 2024, a Boston-based federal appeals court refused to extend California’s sweeping noncompete ban to agreements that were signed outside the state and governed by another state’s law....more

Federal Court Strikes Down Tip Credit Rule Promulgated by the DOL

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor...more

Texas Federal Court Rejects FTC’s Non-Compete Ban

As every employer in the U.S. is likely aware, the Federal Trade Commission’s (“FTC”) near-universal ban on non-competes nationwide, which the FTC voted to implement via regulatory rulemaking on April 23 of this year, has...more

Increased Salary Thresholds for Exempt Employees Under the Fair Labor Standards Act Now Effective

As we previously reported, the Department of Labor (“DOL”) issued a Final Rule adjusting the minimum annual salary that an employee must be paid to qualify for the executive, administrative, and professional (“EAP”)...more

NLRB Continues Its Rollback of Trump-Era Union Election Changes

Over the past several years, the National Labor Relations Board (the “Board”) under the Biden administration has taken several measures to make union election procedures more union-friendly....more

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

Texas Federal Court Enjoins, and Signals Readiness to Invalidate, the FTC’s Non-Compete Ban

After the Federal Trade Commission (“FTC”) voted on April 23 to enact its nationwide ban on non-competes, employers and business organizations did not have to wait long—not even a day—before challengers began opposing the...more

Supreme Court Casts Down Long-Standing Chevron Deference

On June 28, 2024, the Supreme Court issued a landmark decision in a pair of consolidated cases, Loper Bright Enterprises et al. v. Gina Raimondo and Relentless Inc. et al. v. Department of Commerce. ...more

Supreme Court Clarifies §10(j) Preliminary Injunction Standard

On June 13, 2024, the Supreme Court struck a blow to the NLRB and provided employers a major win in a case involving a preliminary injunction issued against Starbucks under §10(j) of the National Labor Relations Act....more

EEOC Title VII Guidance, Captive Audience Meetings, Cemex, and Exempt Salary Threshold Challenges: May 2024 Labor and Employment...

EEOC Title VII Guidance Challenged - On May 21, the Texas attorney general sought a permanent injunction to block the U.S. Equal Employment Opportunity Commission’s (“EEOC”) enforcement guidance over gender identity and...more

Mercedes Workers in Alabama Reject UAW Unionization Efforts

On the heels of the United Auto Workers’ (“UAW”) successful campaign to organize Volkswagen workers in Chattanooga, Tennessee, Mercedes-Benz workers in Vance, Alabama chose a different path, rejecting the UAW as their...more

EEOC Issues New Workplace Harassment Guidance

For the first time in a quarter-century, the U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on workplace harassment. The April 29-guidance consolidates and supersedes several iterations of...more

Supreme Court Lowers Plaintiffs’ Burden for Title VII Discriminatory Transfer Claims

On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more

Race to the Courthouse: Early Attempts to Block the FTC’s Non-Compete Ban Start Pouring In

Less than one day after the Federal Trade Commission (“FTC”) issued its Final Rule that would enact a nationwide ban on most non-competition agreements, at least two lawsuits have been filed against the FTC which seek to...more

The Cost of Exemption: Dep’t of Labor Final Rule Jettisons Salary Thresholds for Exemption Under the Fair Labor Standards Act

On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s...more

California Voters to Decide Future of California’s Controversial Private Attorneys General Act

A bill on the ballot in California this November asks the state’s voters to give the controversial Private Attorney General’s Act (PAGA) a final approval or rejection. ...more

OSHA Clarifies Employee Representative Rights in Workplace Inspections with New Rule

The U.S. Department of Labor recently published a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration (“OSHA”) compliance officer during an...more

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated before Taking Effect

A National Labor Relations Board (the “Board”) rule set to take effect on Monday, March 11 and slated to significantly expand the circumstances in which a company would be deemed a joint employer under the National Labor...more

11th Circ. FMLA Ruling Deepens Divide Over Causation

In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a...more

Union Election Petitions in 2024: The Story So Far; Employer Petitions Skyrocket, but Don’t Detract from Union Petition Rates

The Fallout from the NLRB’s Cemex Decision - As we previously addressed, the National Labor Relations Board’s (NLRB) August 25, 2023, decision in Cemex Construction Materials Pacific, LLC overturned long-established...more

Starbucks Union Dispute Reaches Supreme Court

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Department of Labor Finalizes Rule Change on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more

Eleventh Circuit Endorses Heightened Standard for FMLA Retaliation Claims, Deepening Circuit Divide

In a win for employers, the Eleventh Circuit Court of Appeals issued a decision on December 13, 2023, which formally adopted the “but for” causation standard for retaliation claims brought under the Family Medical Leave Act...more

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