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Tipped Over: Fifth Circuit Vacates the DOL's Rule for Tipped Employees

The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL), which limited the circumstances under which employers can claim a "tip...more

The Supreme Court and Chevron: Fast Facts for Employers

We have been monitoring and awaiting the Supreme Court's ruling on (what is known as) the Chevron doctrine. You can read more about the doctrine here. On Friday, the Supreme Court issued its decision and overruled the...more

Two's Company, Three's A Crowd: Three-Way Split Sets Stage for Supreme Court Review of FLSA Collective Actions

On May 19, 2023, the Sixth Circuit Court of Appeals issued a decision creating a three-way split among federal courts on the handling of collective actions filed under the Fair Labor Standards Act (FLSA). In deciding whether...more

Workplace Discrimination Lawsuits: Juries Won't Blame AI, They'll Blame You

Workplace discrimination claims remain one of the most significant areas of legal exposure for employers, from hiring to firing and everything in between. An employer's reliance on artificial intelligence (AI), especially in...more

Another Day, Another Dollar but Still No Salary: Supreme Court Draws Bright Line

In a 6 – 3 decision on February 22, 2023, the U.S. Supreme Court held that an offshore rig employee paid a "day rate" but earning more than $200,000 annually is entitled to overtime....more

To Be or Not to Be: Department of Labor Proposes Rule Addressing Employee/Independent Contractor Classifications

On October 11, 2022, the U.S. Department of Labor announced that it will publish a Notice of Proposed Rulemaking in the Federal Register on October 13 to provide guidance on classifying workers as employees or independent...more

Supreme Court (Effectively) Strikes Down OSHA's "Vaccine or Test" ETS

As we summarized in previous alerts, on December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA's "Vaccine or Test" (Emergency Temporary Standard) ETS by the Fifth Circuit Court of...more

OSHA's "Vaccine or Test" ETS Reinstated: Next Steps Explained

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA's "Vaccine or Test" ETS by the Fifth Circuit. As we summarized in our previous alerts, the ETS was published on November 5,...more

Legal Challenges to OSHA's "Vaccine or Test" ETS: Your Questions Answered

As we summarized last week, OSHA's "Vaccine or Test" ETS was released on November 4 and published on November 5, 2021. It was met with an avalanche of lawsuits, and by November 6, the ETS had been stayed by the Fifth Circuit...more

Top Three Steps for Employers To Take When Facing Fraudulent Unemployment Claims

Government agencies have been grappling for nearly a year with ongoing attacks directed at state unemployment programs through unique fraud schemes. The Department of Labor (DOL) has estimated that approximately $36 billion...more

Fraudulent Unemployment Claims on the Rise: What Should Employers Do?

Government agencies are grappling with the theft of millions of taxpayer dollars through unique fraud schemes directed at state unemployment programs. Employers often are the first to discover these schemes when they learn...more

Supreme Court Sets Stage for Game-Changing 2019 Term for Employers

Between gerrymandering and the 'citizenship' question, the Supreme Court concluded its 2018 term with a bang. The Court is primed for further fireworks in its 2019 term. For employers, this includes whether Title VII...more

OIG's List of Excluded Individuals/Entities – What Employers Need to Know

OIG maintains a list of all currently excluded individuals and entities called the "List of Excluded Individuals/Entities," or LEIE. Covered entities that hire – or continue to employ or work with – an individual or entity on...more

Still Smoking: Medical Marijuana in Maryland and What You Need to Know

Maryland first joined the "legal marijuana" party back in 2014, and in June 2017, the Maryland Medical Marijuana Commission licensed the first dispensary. Originally published in Maryland State Bar Association Section of...more

A Win for Employers: Justice Kavanaugh and Supreme Court Issue Pro-Arbitration Opinion

In his first opinion since being confirmed to the Supreme Court, Justice Kavanaugh was joined by his fellow justices in unanimously deciding that delegation clauses in arbitration agreements must be enforced. Delegation...more

Arbitration Merry-Go-Round: Employers Await Trilogy of Supreme Court Decisions

Over the past several years, the Supreme Court has taken a keen interest in arbitration agreements, both in the employment context and beyond. In its last term, the Supreme Court affirmed the use of class waivers in...more

Here's a Tip: Proceed with Caution on Tip-Pooling

In passing the omnibus spending bill earlier this year, Congress included an amendment to the Fair Labor Standards Act (FLSA) that significantly changed the rules for pooling/splitting tips. The amended rules have been in...more

GDPR and Employers – Five Questions Answered

The European Union's General Data Protection Regulation (GDPR) is a far-reaching and formidable regulatory scheme that governs the processing and handling of personal data. Although it formally took effect on May 25, 2018,...more

DOJ Marijuana Memo Goes Up in Smoke – Should Companies Inhale or Exhale?

On January 4, Attorney General Jeff Sessions rescinded Obama-era guidance outlining the federal policy of non-interference with state-run marijuana programs. The Attorney General's actions have rocked the cannabis industry....more

Ready, Set, Go: Preparing and Testing for Data Security Events

Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to continue a series of client alerts that address significant cyber-threats to your business and discuss ways you can protect your business...more

MAGA or Else: Trump DOJ Goes After Employer

In an Executive Order dated April 18, 2017, President Trump announced that it "shall be the policy of the executive branch to buy American and hire American." If an employer does not "hire American," it may find itself the...more

Arkansas Goes to Bat on Medical Marijuana: Hits Homerun for Employers

Across the country, employers and companies are dealing with efforts to decriminalize and legalize marijuana, both medicinal and recreational. In November 2016, by constitutional amendment, Arkansas legalized medical...more

Eight Keys to Securing Portable Devices

Securing physical worksites and workspaces is by now old hat. We all know file cabinets should be locked, worksites secured and personal access to information monitored. Securing portable devices, however, often receives less...more

You Asked: Can My Employees Hack My Company?

Yes! Employees and other insiders – think Edward Snowden – can, and in fact, do play a role in most data breaches or cyber-security incidents. Companies must ensure their data protection policies include not only training but...more

The October DDoS Attack – Separating Fact from Fiction

Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to introduce a series of client alerts that will address significant cyber-threats to your business and how you can protect yourself by...more

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