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A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of...more

FTC Rule Banning Non-Competes Ruled Unlawful

Late Tuesday afternoon, the United States District Court for the Northern District of Texas issued a nationwide injunction prohibiting the FTC from enforcing its Non-Compete Rule (“FTC Rule”). The Court set aside the FTC’s...more

DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees”, which extends...more

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that...more

EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a preview notice of the final rule implementing the Pregnant Workers Fairness Act (“PWFA”). The PWFA became effective on June 27, 2023, and...more

Texas District Court Invalidates NLRB’s Joint Employer Rule

On March 8, 2024, the United States District Court for the Eastern District of Texas invalidated the recently issued final rule for establishing joint employer status under the National Labor Relations Act (“NLRA”). As we...more

The DOL Publishes Final Rule Regarding Independent Contractor Classification Under the FLSA

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule amending the criteria used to determine whether a worker qualifies as an employee or an independent contractor under the Fair Labor Standards...more

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes...more

August Brings a Flurry of Activity from the National Labor Relations Board

As August ends, the National Labor Relations Board (“Board”) has issued two significant decisions as well as a direct final rule about representation cases. On August 25, 2023, the Board, in Cemex Construction Materials...more

Department of Labor Final Rule for Tipped Employees

On October 28, 2021, the U.S. Department of Labor announced a final rule that sets a limit on the amount of time tipped employees can spend in non-tipped activities when the employer receives a tip credit. This new rule...more

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