Author Info for FordHarrison

Anessa Abrams

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all…more

Americans with Disabilities Act (ADA), Consent Decrees, Corporate Counsel, Employee Rights, Employees

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Geetha Nadiminti Adinata

U.S. Issues Travel Ban for Citizens from Certain Foreign Countries

Real World Impact: President Trump’s travel ban on foreign nationals from certain countries could impact employers whose workforces and hiring plans include individuals from those countries…more

Employees, Executive Orders, Foreign Nationals, Foreign Workers, Immigration

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Hilda Aguilar

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the…more

Civil Rights Act, Discrimination, Employment Discrimination, Gender Discrimination, Gender Identity

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Todd Aidman

The Department of Labor Changes Course on Tip-Pooling Restrictions

Quite a bit of effort goes into making an enjoyable restaurant experience, such as good food, prompt service and, of course, cleanliness. Want to reward the dishwashers for providing you with spotless silverware, expediters for…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Food Service Workers, Minimum Wage

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John Allgood

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,…more

Anti-Competitive, Antitrust Provisions, Competition, Department of Justice (DOJ), Employer Liability Issues

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Bennet Alsher

Supreme Court Upholds University Affirmative Action Admissions Policy

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior work…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Protection

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David Anderson

DIVERSITY IN THE WORKS: Public Accommodation of Service Animals and Emotional Support Animals

Executive Summary: Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses (including transit) that are open to the public – like…more

Air Carrier Access Act (ACAA), Americans with Disabilities Act (ADA), Disability Discrimination, Diversity, Dog-Friendly Workplace

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Nicholas Andrews

Recent Labor Board Developments Focus on Independent Contractors and Joint Employers

The National Labor Relations Board is continuing its rollback of progressive Obama-era decisions under the Trump administration. In recent years, the Board had uprooted several long established standards regarding the…more

Collective Bargaining, Employee Definition, Employer Liability Issues, Gig Economy, Hiring & Firing

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Sami Asaad

U.S. Supreme Court Allows CMS Vaccine Mandate to Proceed

Earlier yesterday (January 13, 2022), the U.S. Supreme Court ruled that the vaccine mandate applicable to healthcare providers that are Medicare or Medicaid certified may proceed…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Jeffrey Ashendorf

House Revises Coronavirus Leave Bill Before Sending to Senate

As a follow-up to our Legal Alert regarding the Emergency Paid Sick Leave Act and the amendments to the FMLA (the Emergency Family and Medical Leave Expansion Act (E-FMLA)), the House made key revisions to these bills before…more

Coronavirus/COVID-19, Emergency Management Plans, Family and Medical Leave Act (FMLA), Legislative Agendas, Paid Time Off (PTO)

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Sarah Aufdenkampe

Airline Alert: New FAA Proposed Rulemaking Regarding Flight Attendant Rest Requirements

On November 2, 2021, the Federal Aviation Administration (FAA) published a Notice of Proposed Rulemaking (NPRM) regarding flight attendant duty period limitations and rest requirements. The NPRM was mandated by the FAA…more

Airlines, Aviation Industry, Comment Period, Federal Aviation Administration (FAA), Flight Crews

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Ivan Ayala Garcia

Managing Political Discussions in Florida’s Private Workplaces: What Employers Need to Know

Introduction - As the election draws near, private (nongovernmental) employers in Tampa Bay face unique challenges regarding political speech in the workplace. While they have considerable flexibility to regulate political…more

Employee Rights, Employees, Employer Liability Issues, Employment Policies, First Amendment

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Richard Bahrenburg

Supreme Court Limits the District Courts' Ability to Issue Universal Injunctions Against Executive Orders and Agency Action

In a decision issued on June 27, 2025, Trump v. CASA, Inc. (a 6-3 ruling), the U.S. Supreme Court held that federal District Courts lack authority to grant universal injunctions. In CASA, the United States District Courts for…more

Class Action, Constitutional Challenges, Employer Liability Issues, Employment Litigation, Executive Orders

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Robert Baker

The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor…more

College Athletes, Educational Institutions, Employee Definition, Employee Rights, NCAA

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Steven Balken

New Paid Prenatal Leave Requirements for Employers in New York City

Real World Impact: Effective July 2, 2025, New York City’s Department of Consumer and Worker Protection will amend its implementing rules to the City’s Earned Safe and Sick Time Act to include the City’s own version of New York…more

Employee Benefits, Employees, Employer Responsibilities, New Regulations, New York

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Wade Ballard

Recent South Carolina Supreme Court Decisions May Increase Legal Risks in Employee Terminations

The South Carolina Supreme Court issued two decisions late in 2021 that may impact employers’ and co-workers’ potential liability in litigation arising from an employee’s discharge…more

At-Will Employment, Breach of Contract, Civil Conspiracy, Covenant of Good Faith and Fair Dealing, Employer Liability Issues

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K. Maxwell Bernas

U.S. Supreme Court Holds that Spending Clause Antidiscrimination Statutes do not Permit Recovery of Damages for Emotional Distress

Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a…more

Affordable Care Act, Americans with Disabilities Act (ADA), Civil Rights Act, Cummings v Premier Rehab Keller PLLC, Disability Discrimination

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Paul Beshears

CARES Act Attaches Long-Term Strings to Mid-Sized Business Loans

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Stability (CARES) Act providing roughly $2 trillion in economic relief in response to the COVID-19 outbreak…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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Fredrick Bissinger

The U.S. Mental Health Crisis – Neurodivergent Employees

This article is a continuation of a series of Alerts providing guidance for employers on handling mental health issues in the workplace and specifically addresses issues that relate to neurodiversity and employees who…more

Americans with Disabilities Act (ADA), Employees, Employer Liability Issues, Family and Medical Leave Act (FMLA), Mental Health

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Heather Boshak

Noncompete News: New Jersey Introduces New Bill to Kill Noncompete Agreements

Executive Summary: Following last year’s unsuccessful attempt to ban noncompete agreements, New Jersey’s legislature introduced a new bill on May 19, 2025, to prohibit the use of noncompete clauses…more

Employee Rights, Employer Responsibilities, Employment Policies, Legislative Agendas, New Jersey

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Meredith Box

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or interstate…more

Actual Delivery, Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers

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Louis Britt, III

Employers Relax After Tennessee Court Rejects Anxious Employee's Failure to Accommodate Claim

On Tuesday, October 22, 2019, a Tennessee federal judge rejected a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) in which it claimed a nursing home failed to accommodate an employee with anxiety…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Employment Litigation

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Julianne Brown

Supreme Court: Retirees Who Cannot Work are not "Qualified Individuals" Entitled to Protection Under Title I of the Americans with Disabilities Act

On June 20, 2025, in Stanley v. City of Sanford, the United States Supreme Court concluded that a retiree who could no longer work because of a disability is not a “qualified individual” entitled to protection under Title I of…more

Americans with Disabilities Act (ADA), Compensation & Benefits, Disability Discrimination, Employee Benefits, Employees

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Susan Bullock

Alabama Governor's Proclamation Provides Civil Immunities for Businesses

On May 8, 2020, Alabama Governor Kay Ivey issued a proclamation that curtails potential liability of businesses and health care providers resulting from COVID-19 transmissions as well as from the impacts of a business’s or…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Immunity, Professional Liability

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Adam Cantor

[Webinar] Chevron Deference Overruled by SCOTUS: Understanding the Potential Legal Implications - July 30th, 1:00 pm - 2:00 pm ET

On June 28, 2024, in an anticipated but significant decision, the Supreme Court of the United States overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required courts to defer…more

Administrative Agencies, Administrative Interpretation, Administrative Procedure Act, Ambiguous, Chevron Deference

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Edward Carlstedt

Florida Legislature Passes Expansive New Noncompete Bill, Awaiting Governor's Signature

On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, significantly expanding the enforceability of noncompete laws in the…more

Contract Terms, Employee Rights, Employment Contract, Enforcement Actions, Florida

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Daniel Chammas

California Significantly Reforms Private Attorney's General Act

Executive Summary: On July 1, 2024, the Governor of California signed two pieces of legislation that significantly amended the Private Attorney’s General Act (“PAGA”), a statute which allows an employee, on behalf of the State…more

California, Employer Liability Issues, Employment Litigation, Labor Code, Labor Law Violations

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David Cheng

California Significantly Reforms Private Attorney's General Act

Executive Summary: On July 1, 2024, the Governor of California signed two pieces of legislation that significantly amended the Private Attorney’s General Act (“PAGA”), a statute which allows an employee, on behalf of the State…more

California, Employer Liability Issues, Employment Litigation, Labor Code, Labor Law Violations

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Jenny Choi

California DFEH Offers Free Anti-Sexual Harassment Training Online

By January 1, 2021, California employers with five or more employees must provide at least one hour of interactive training and education regarding sexual harassment prevention to all non-supervisory employees in California…more

#MeToo, Anti-Harassment Policies, Corporate Culture, DFEH, Employee Training

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Victoria Creta

“Per My Last PTO Request”: What Demoted Gets Right About Workplace Anxiety

Corporate life is full of unspoken rules, awkward small talk, and the occasional “per my last email” power play. That’s exactly why Demoted is my favorite podcast right now…more

Employee Benefits, Employee Rights, Employees, Employer Responsibilities, Employment Policies

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Proloy Das

U.S. Supreme Court Holds that Title VII Requires Employees Establish only "Some Harm" as a Result of Transfer, Rejecting Lower Court Ruling that Harm must be "Significant" to Constitute Discrimination

Can an employer be sued by an employee for an alleged discriminatory transfer? The answer had been yes, so long as the transfer was based on a discriminatory reason and resulted in a “significant” employment disadvantage. That…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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Philip Davidoff

New York State Budget Increases Minimum Wage for Home Care Workers

On April 9, 2022, New York passed a $20 billion, multi-year healthcare investment in the FY 2023 State Budget. According to Governor Kathy Hochul, the budget includes “historic investments that will rebuild the health care…more

Healthcare Workers, Home Healthcare Workers, Labor Reform, Minimum Wage, New Regulations

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Frank Day Jr.

Offensive Language and Physical Violence in the Workplace: Was Will Smith Justified in Hitting Chris Rock in the Face?

Television audiences for award shows have been in steep decline for years, but the 2022 Academy Awards received far more media attention after the fact than any other in modern history. This attention was all thanks to an…more

Employees, Employer Liability Issues, Employment Policies, Offensive Language, Workplace Safety

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Ena Diaz

[Webinar] Storm-Ready Workforce: Best Practices for Employers to Manage Employees Before, During, and After a Natural Disaster - September 5th, 1:00 pm - 2:00 pm ET

Hurricane season is here, bringing with it the potential for severe weather that can cause widespread damage, impacting entire communities. Natural disasters may be unpredictable - but your response doesn't have to be. Prepare…more

Best Practices, Continuing Legal Education, Employment Policies, Family and Medical Leave Act (FMLA), Hiring & Firing

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Tiffany Downs

[Webinar] SECURE 2.0 and Hot Topics in Employee Benefits - April 25th, 1:00 pm - 2:00 pm ET

Join FordHarrison attorneys Tiffany Downs and Rena Felton as they discuss: - the SECURE 2.0 Act mandatory and discretionary provisions, - Plan implications for the end of the COVID-19 National Emergency and the COVID-19…more

Continuing Legal Education, Coronavirus/COVID-19, Employee Benefits, Mental Health, MHPAEA

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Karen Elliott

Virginia Legislature Poised to Significantly Increase Employer Exposure for Wage and Discrimination Claims

The Virginia General Assembly is currently considering new legislation with substantial impact on Virginia businesses. Two of these new bills are House Bill 2561 and Senate Bill 1052…more

Employer Liability Issues, Employment Discrimination, Employment Litigation, Fair Labor Standards Act (FLSA), Minimum Wage

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Robert Entin

EntertainHR: All Rise, The Honorable Roman Roy Now Presiding

Updated: Jun 4, 2025 -If you’ve ever watched Succession, you know that the show is a fierce exploration of power, influence, and legacy, with each member of the Roy family vying to be the voice and changemaker of their…more

Article III, Biden Administration, Executive Orders, Injunctions, Judges

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Abed Fakhoury

FAA's Proposed Rule Would Require Drug and Alcohol Testing in Foreign Countries

Executive Summary: The Federal Aviation Administration (“FAA”) has recently proposed a potentially costly rule requiring repair stations located outside the United States to implement programs for drug and alcohol testing of…more

Aviation Industry, Drug Testing, Employees, Employer Liability Issues, Employment Policies

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Nicole Falcey

Noncompete News: New Jersey Introduces New Bill to Kill Noncompete Agreements

Executive Summary: Following last year’s unsuccessful attempt to ban noncompete agreements, New Jersey’s legislature introduced a new bill on May 19, 2025, to prohibit the use of noncompete clauses…more

Employee Rights, Employer Responsibilities, Employment Policies, Legislative Agendas, New Jersey

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Elverine (Rena) Felton

OFCCP Soon To Open Portal for Certification of Compliance

Yesterday (March 25, 2024), the U.S. Department of Labor announced that the Office of Federal Contract Compliance Programs (OFCCP) will begin accepting online submissions on April 1 from covered contractors to certify they have…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Employer Liability Issues, Federal Contractors

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Jesica Fico

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court reiterated…more

Burden of Proof, Discrimination, Employer Liability Issues, Employment Litigation, McDonnell Douglas Formula

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Sara Finnigan

Florida Legislature Passes Expansive New Noncompete Bill, Awaiting Governor's Signature

On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, significantly expanding the enforceability of noncompete laws in the…more

Contract Terms, Employee Rights, Employment Contract, Enforcement Actions, Florida

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Corey Franklin

HEADS, I WIN – TAILS, YOU LOSE: The NLRB's Decision in Cemex and Its Recently (Re)issued Election Rules Pave the Way for Unions to Organize Workplaces Quickly With or Without an Election

Executive Summary: For nearly 90 years, whether employees desired union representation was determined through a secret ballot election administered by the National Labor Relations Board (NLRB or Board). Though the National Labor…more

Cemex, Collective Bargaining, Labor Relations, NLRA, NLRB

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Jay Fries

October Brings Employment Law Changes to Maryland

October in Maryland is a time of ripening pumpkins and falling leaves. October 1 is also the date when many (but not all) laws passed by the Maryland General Assembly go into effect…more

#MeToo, Employer Liability Issues, Labor Regulations, Leave of Absence, New Legislation

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Benjamin Fryer

The CMS Rule Addressing COVID-19 Vaccination Requirements for Healthcare Workers

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (the “CMS Rule”) that applies to most healthcare entities that participate in Medicare and Medicaid programs. Subject to a few…more

Administrative Procedure Act, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates

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Lawrence Geist

California Court of Appeals Provides Guidance on State's Requirement to Provide Seating to Employees

Executive Summary: Recently, the California appellate court provided guidance on how employers may comply with the Golden State’s workplace seating requirement. While the court found that the inquiry is fact-intensive and…more

California, Employees, Employer Liability Issues, Employment Litigation, Regulatory Requirements

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Matthew Gilley

Well, That Escalated Quickly

I am still agog at the Antonio Brown situation several days later. For those of you who don’t follow sports or the NFL, the Tampa Bay Buccaneers’ wide receiver (and generational talent) can be combustible. Since building a Hall…more

Americans with Disabilities Act (ADA), Employee Misconduct, Employees, Employer Liability Issues, Employment Policies

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David Gobeo

Davis Bacon Regulations Undergo First Comprehensive Overhaul in 40 Years

On August 8, 2023, the U.S. Department of Labor (DOL) issued a Final Rule overhauling the Davis Bacon Act (DBA) regulations governing the prevailing wages for construction workers performing work on federal contracts. The…more

Construction Project, Construction Workers, Davis-Bacon Act, Department of Labor (DOL), Employer Liability Issues

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Rodolfo Gomez

Municipal Liability Under the ADA for Website Inaccessibility

Many business owners have faced litigation under the Americans with Disabilities Act (ADA) by disabled individuals who claim the businesses’ websites are inaccessible…more

Americans with Disabilities Act (ADA), Disability Discrimination, Information Technology, Municipalities, Public Accommodation

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Matthew Grabell

[Webinar] Lessons Learned from the Trenches of ERISA Litigation - June 21st, 1:00 pm - 2:00 pm EDT

Join FordHarrison attorneys Tiffany Downs and Matt Grabell as they discuss best practices from ERISA Litigation and other strategies for staying out of hot water. Tiffany and Matt will discuss recent lawsuits regarding excessive…more

Best Practices, Continuing Legal Education, Employee Benefits, Employee Retirement Income Security Act (ERISA), ERISA Litigation

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Kristin Starnes Gray

Pay Equity: Dawn Staley’s Big Dance to Becoming the Highest-Paid Coach in Women’s College Basketball History

With brackets finalized and March Madness well underway, it is probably a safe bet that many of you have the University of South Carolina’s women’s team heading to the NCAA Tournament’s final game. As of this writing, the…more

Basketball, Coaches, College Athletes, Colleges, Employee Benefits

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James Handley

Noncompete News Alert: Update to Washington, D.C. Ban on Noncompete Agreements

D.C. Noncompete Ban, Years in the Making: On January 25, 2021, FordHarrison published a Legal Alert indicating that Washington, D.C. would soon implement a ban on noncompete agreements. As noted, the Ban on Non-Compete…more

Contract Terms, Employer Liability Issues, Employment Contract, Hiring & Firing, Labor Regulations

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Michael Harrington

[Webinar] NLRB's Recent Attack on Separation Agreements – What Are Employers to Do? - April 4th, 2:00 pm - 3:00 pm ET

On March 22, 2023, the General Counsel of the National Labor Relations Board issued an Advice Memo regarding Separation/Severance/Settlement Agreements in light of the Board’s decision in McLaren Macomb, which was issued on…more

Continuing Legal Education, Hiring & Firing, NLRA, NLRB, NLRB General Counsel

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C. Lash Harrison

"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any…more

Collective Bargaining, Department of Labor (DOL), Persuader Rules, Reporting Requirements, Unions

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Jill Harrison

EEOC Delays 2021 EEO-1 Data Collection Until April 2022

The EEOC recently announced that the 2021 EEO-1 Component 1 data collection is tentatively scheduled to open on Tuesday, April 12, 2022. The EEO-1 Component 1 report is a mandatory data collection that requires all…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination

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Leslie Hartnett

Noncompete News: The More Things Change, the More They Remain the Same: Georgia Supreme Court Addresses Choice of Law Provisions in Noncompete Context

Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law…more

Choice-of-Law, Contract Terms, Employees, Employment Contract, GA Supreme Court

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Melany Hernandez

The U.S. Department of Labor’s Proposed White Collar Exemption Changes

Under a new proposed rule from the U.S. Department of Labor (“DOL”), millions more workers would be eligible for overtime pay unless employers pay a much higher salary threshold. As it stands, under the Fair Labor Standards Act…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Charles Hoffman

The Latest and Greatest New Pay Transparency Laws

These days, more and more lawmakers are looking to regulate the amount of salary information employers are required to provide job applicants. On January 1, 2023, California, Rhode Island, and Washington State all had new “pay…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing, Job Ads

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Brendan Horgan

Virginia Legislature Poised to Significantly Increase Employer Exposure for Wage and Discrimination Claims

The Virginia General Assembly is currently considering new legislation with substantial impact on Virginia businesses. Two of these new bills are House Bill 2561 and Senate Bill 1052…more

Employer Liability Issues, Employment Discrimination, Employment Litigation, Fair Labor Standards Act (FLSA), Minimum Wage

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Russell Jackson

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA) exemption from arbitration for any “class of workers engaged in foreign or interstate…more

Actual Delivery, Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Delivery Drivers

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Tracey Jaensch

New Year, New Standards: Florida Adopts the Federal Summary Judgment Standard

On December 31, 2020, the Florida Supreme Court announced the amendment of Florida’s summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the fairness and efficiency of…more

Employment Litigation, Federal Rules of Civil Procedure, FL Supreme Court, Florida, FRCP 56

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Christopher Johnson

DOL's New Proposed Overtime Rule Would Drastically Increase the Salary Threshold for the White Collar Overtime Exemption

Executive Summary: Under a new proposed rule from the U.S. Department of Labor (DOL), released on August 30, 2023, more than 3.4 million workers would be newly eligible for overtime pay unless employers pay a much higher salary…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Erica Johnson

New Executive Order Revokes 60-Year Old Executive Order 11246 and Targets "Illegal" DEI Efforts: What This Means for Employers

Real World Impact: On January 21, 2025, on his second day in office, President Trump issued an Executive Order entitled “Ending Illegal Discrimination And Restoring Merit-Based Opportunity” (the “Executive Order”). The…more

Affirmative Action, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), EEO-1, Employment Discrimination

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Viktoryia Johnson

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain…more

Americans with Disabilities Act (ADA), Department of Labor (DOL), Disability Discrimination, Employee Rights, Employer Liability Issues

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Cullan Jones

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme Court…more

Administrative Agencies, Constitutional Challenges, Employment Litigation, Government Agencies, Hiring & Firing

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M. Michelle Jones

Supreme Court Limits the District Courts' Ability to Issue Universal Injunctions Against Executive Orders and Agency Action

In a decision issued on June 27, 2025, Trump v. CASA, Inc. (a 6-3 ruling), the U.S. Supreme Court held that federal District Courts lack authority to grant universal injunctions. In CASA, the United States District Courts for…more

Class Action, Constitutional Challenges, Employer Liability Issues, Employment Litigation, Executive Orders

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Becky Kalas

EntertainHR: Workplace Investigation Tactics Lead to the ‘Fall of the House of Usher’

Let’s say you’re the CEO of Fortunato Pharmaceuticals, a multi-billion-dollar company that’s been owned and operated by your family for generations. Your kids all lead their own, individual subsidiaries that you funded after…more

Employer Liability Issues, Labor Law Violations, Risk Management, Whistleblowers, Workplace Investigations

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David Kalteux

The COVID-19 Conundrum How to Navigate the Competing Federal and Florida COVID-19 Vaccine Laws

Executive Summary: “Damned if you do, damned if you don’t.” This is how many Florida private employers feel right now given the conflicting federal regulations and Florida’s proposed legislation concerning COVID-19 vaccine…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Federal v State Law Application

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Thomas Keim Jr.

Health Care Alert: Supreme Court Limits Agency Fees to Full-Fledged Public Employees

In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining purposes…more

Collective Bargaining, Employee Benefits, Harris v Quinn, Healthcare, SCOTUS

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Shannon Kelly

What Employers Need to Know About the EEOC's New Guidance on Workplace Harassment

On March 29, 2024, the EEOC announced new guidance addressing harassment in the workplace, which goes into effect immediately. This guidance consolidates the EEOC’s previous guidance and incorporates new topics reflecting recent…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws, Gender Identity

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Min Kim

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing California-based…more

Airline Employees, Airlines, Aviation Industry, Class Action, Delta Airlines

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Jacob Koch

EntertainHR: Modern Family, Modern Workforce: How Managers and Employees Interact

Over the past few months, I dove headfirst into another show that had a long, successful run that I completely missed: Modern Family. Modern Family is a comedy about a large extended family living in Los Angeles, California. The…more

Employee Rights, Employee Training, Employer Liability Issues, Employer Responsibilities, Employment Policies

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Hannah Kramer

New York Lawmakers Consider Progressive Reforms to Severance Agreements

The New York State Senate passed the “No Severance Ultimatums Act” (“the Act”), which, if enacted, “prevents employers from giving coercive ultimatums to employees or former employees relating to such employee's severance from…more

Contract Terms, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

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John Kruchko

Virginia General Assembly Makes Pro-Employee Changes to State Laws

Executive Summary: The Virginia General Assembly took a number of employee-favorable actions in its 2020 Session and its Reconvened Session in April 2020, which will require employers to revise their employment policies and…more

Anti-Discrimination Policies, Collective Bargaining, Employment Policies, Independent Contractors, Minimum Wage

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Jeffrey Lehrer

Federal District Court Blocks FTC's Noncompete Rule

Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC…more

Competition, Confidential Information, Corporate Counsel, Employer Liability Issues, Employment Contract

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Mark Levitt

Florida's New Law Overhauls Public Sector Labor Laws Related to Dues Deduction and Labor Organization Registration

Executive Summary: On May 9, 2023, Governor Ron DeSantis signed into law Senate Bill 256, which overhauls Florida’s Public Employees Relations Act, implementing significant changes to procedures related to dues authorization and…more

Collective Bargaining, Florida, New Legislation, Public Employees, State Labor Laws

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Kevin Little

[Webinar] Storm-Ready Workforce: Best Practices for Employers to Manage Employees Before, During, and After a Natural Disaster - September 5th, 1:00 pm - 2:00 pm ET

Hurricane season is here, bringing with it the potential for severe weather that can cause widespread damage, impacting entire communities. Natural disasters may be unpredictable - but your response doesn't have to be. Prepare…more

Best Practices, Continuing Legal Education, Employment Policies, Family and Medical Leave Act (FMLA), Hiring & Firing

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Stephen Lueke

California Is the First To Bring European-Grade Data Protections To The United States

California has become the first state to introduce privacy protection for individuals’ personal data comparable to that provided under the European Union’s General Data Protection Regulation (GDPR). The California Consumer…more

Cybersecurity, Data Collection, Data Rights, Disclosure Requirements, Governor Brown

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Paige Lyle

Pregnant Workers Fairness Act - EEOC Proposed Regulations

On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) expanding workplace protections for pregnant and nursing employees. The PWFA builds upon existing protections against pregnancy…more

Breastfeeding, Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Buena Vista Lyons

Will the Elimination of Efforts in the Federal Sector to "Build a Workforce That Reflects the Diversity of America" Impact the Private Sector?

Within days of his second inauguration, President Trump issued a number of Executive Orders. While the impact of his Executive Orders will be seen with time, many employers may be left wondering how the Executive Orders…more

Affirmative Action, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Litigation

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Andrew McClintock

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing California-based…more

Airline Employees, Airlines, Aviation Industry, Class Action, Delta Airlines

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Allen McKenna

Implementation of DOL's New Persuader Rule Permanently Blocked

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez (N.D…more

Administrative Procedure Act, Arbitrary and Capricious, Department of Labor (DOL), Filing Requirements, First Amendment

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Lawrence McNamara

Invocation of "The Rule" During Trade Secret Injunction Hearings

The Texas Supreme Court ruled last week that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets at…more

Absolute Privilege, Due Process, Infringement, Misappropriation, Oil & Gas

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Amanda Mercado

Department of Labor’s New I.C. Rule No Longer on Ice: What Employers Need to Know About Determining Independent Contractor Status Under the Fair Labor Standards Act

Introduction - After receiving over 55,000 comments regarding the proposed rule introduced in 2022, the U.S. Department of Labor (DOL) finalized a new independent contractor test under the Fair Labor Standards Act (FLSA)…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Daniel Miles

Weapons and the Workplace: What Employers Need to Know about Florida’s New Constitutional Carry Law

Executive Summary - For years, a number of Florida’s elected officials have had their sights set on eliminating the statutory requirement that Florida residents obtain a concealed weapons license (“CWL”) to lawfully carry a…more

Concealed Weapons, Employer Liability Issues, Employer No-Weapons Policies, Employment Policies, Firearms

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Karen Milner

Missouri Employers Beware: Employment Protections Under Constitutional Amendment 3

On November 8, 2022, Missouri voters passed Constitutional Amendment 3 (the “Amendment”), which made limited marijuana use lawful in the State of Missouri for persons over the age of 21. The Amendment took effect December 8,…more

Constitutional Amendment, Decriminalization of Marijuana, Employees, Employer Liability Issues, Employment Policies

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Jeffrey Mokotoff

"In Any Capacity" Language Dooms Georgia Non-Compete Provision

Prior to the enactment of Georgia’s Restrictive Covenant Act (“GRCA”), Georgia courts uniformly struck down non-compete provisions that used “in any capacity language”, i.e., a non-compete that prohibited an employee from…more

Appeals, Contract Terms, Employment Contract, Employment Litigation, Employment Policies

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John Monroe Jr.

Welcome to the Holiday Season! Reminders for Hiring Seasonal Employees

Last week, the Wall Street Journal reported that holiday season hiring started as early as June this year. If your company is one of the many that substantially increases its workforce for the holidays, keeping the following…more

Employee Benefits, Employee Training, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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Marilyn Moran

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his…more

Adverse Employment Action, Diversity, Employee Rights, Employees, Employer Liability Issues

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Sarah Morton

New Update on Litigation Challenging the DOL's 2024 Salary Rule

Executive Summary: On July 1, 2024, the federal court for the Northern District of Texas issued a decision in Flint Avenue, LLC v. U.S. Department of Labor, denying the plaintiff employer’s request for a nationwide preliminary…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Douglass Nolan

Illinois' Paid Leave For All Workers Act – Learn Your Rules Update

Executive Summary: On April 30, 2024, the Illinois Department of Labor (“IDOL”) finalized its Rules for the Paid Leave for All Workers Act (“PLAW Act” or “the Act”). In November, the IDOL proposed Rules for the law that we…more

Employee Benefits, Employees, Employer Liability Issues, Illinois, Labor Reform

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John O'Connor

Texas Federal Court Stiffs Restaurant Industry on Efforts to Strike Down Department of Labor Regulation on Tip Credit Work

Executive Summary: On July 6, 2023, a federal district court upheld the U.S. Department of Labor’s (DOL’s) regulations on the type and amount of work that tipped employees may perform while being paid the reduced minimum wage…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws, Food Service Workers

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Jennifer Ohn

As Hurricane Ian Approaches, Employers Should Be Prepared for the Employment Law Challenges Storms Cause

Executive Summary: As Hurricane Ian bears down on Florida, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as they…more

Compensation & Benefits, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA)

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Michael Prendergast

OSHA Withdraws COVID-19 Shot-Or-Test Emergency Rule

The Occupational Safety and Health Administration (OSHA) is withdrawing its COVID-19 vaccination or testing rule that previously applied to large employers. The withdrawal follows the U.S. Supreme Court’s January 13 decision…more

Biden Administration, Constitutional Challenges, Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues

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Tammie Rattray

Students in Clinical Training Program Were Not Employees Under the FLSA

A federal trial court in Florida recently issued a significant decision on the issue of unpaid trainees under the FLSA, finding that 25 former students of Wolford College were not employees when they participated in a clinical…more

Classification, Employee Rights, Fair Labor Standards Act (FLSA), Full-Time Employees, Students

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Wesley Redmond

Lawsuits Against Colleges and Universities for Transitioning from In-Person to Online Classes: The Latest Wave of Covid-19 Litigation

An Auburn University student claims he did not get what he bargained for in being relegated to distance learning instead of having an in-person educational experience. On June 30, 2020, Steven Bailey filed a federal court class…more

Breach of Contract, Class Action, Colleges, Coronavirus/COVID-19, Distance Learning

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Gregory Reilly

New Paid Prenatal Leave Requirements for Employers in New York City

Real World Impact: Effective July 2, 2025, New York City’s Department of Consumer and Worker Protection will amend its implementing rules to the City’s Earned Safe and Sick Time Act to include the City’s own version of New York…more

Employee Benefits, Employees, Employer Responsibilities, New Regulations, New York

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Charles Roach

USCIS Gears up for the H-1B FY23 Cap Cycle

Executive Summary: USCIS has announced the timeline for the H-1B FY23 Cap Petition Cycle. The H-1B FY23 cap registration period will run from noon on March 1, 2022 until noon on March 18, 2022. USCIS will then conduct a lottery…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Christine Rodriguez

U.S. Issues Travel Ban for Citizens from Certain Foreign Countries

Real World Impact: President Trump’s travel ban on foreign nationals from certain countries could impact employers whose workforces and hiring plans include individuals from those countries…more

Employees, Executive Orders, Foreign Nationals, Foreign Workers, Immigration

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Elizabeth Rodriguez

Service Animals and the ADA - Part IV

The Americans With Disabilities Act (ADA) requires covered entities to make "reasonable modifications" in their policies, practices, or procedures when necessary to accommodate people with disabilities. Many individuals with…more

Americans with Disabilities Act (ADA), Disability Discrimination, Dog-Friendly Workplace, Employer Liability Issues, Employment Policies

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Kimberly Ross

Illinois One Day Rest in Seven Act and Meal Break Law: How Employers Can Protect Themselves

Real World Impact: A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law…more

Compliance, Department of Labor (DOL), Employee Rights, Employer Responsibilities, Employment Policies

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Rachel Saady-Saxe

DOL Relaunches Opinion Letter Program Amid Shifting Enforcement Priorities

On June 2, 2025, the Department of Labor (DOL) launched its Opinion Letter program. Opinion Letters are official written responses from the DOL that explain how it would apply statutes and regulations under particular facts…more

Affirmative Action, Department of Labor (DOL), Employee Benefits, Enforcement, Enforcement Priorities

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Mark Saloman

Noncompete News: New Jersey Introduces New Bill to Kill Noncompete Agreements

Executive Summary: Following last year’s unsuccessful attempt to ban noncompete agreements, New Jersey’s legislature introduced a new bill on May 19, 2025, to prohibit the use of noncompete clauses…more

Employee Rights, Employer Responsibilities, Employment Policies, Legislative Agendas, New Jersey

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Luis Santos

U.S. Department of Labor Announces It Will No Longer Enforce 2024 Independent Contractor Rule

On May 1, 2025, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin confirming that it will no longer enforce a 2024 Biden-era independent contractor rule. The 2024 rule defined “independent contractor” under…more

Biden Administration, Department of Labor (DOL), Employee Definition, Enforcement Actions, Fair Labor Standards Act (FLSA)

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Allison Vasquez Saunders

New California DFEH App Regarding Baby Bonding and Pregnancy-Related Disability Leave

On March 24, 2021, the California Department of Fair Employment and Housing (DFEH) issued a press release introducing the new app it developed in partnership with technology company Neota Logic and students from the University…more

California Family Rights Act (CFRA), DFEH, Employer Liability Issues, Mobile Apps, New Legislation

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Mohammad Shihabi

New California Employment Laws for 2023

Executive Summary: California has passed a number of employment laws this year, including a requirement for employers to disclose pay scale information in any job advertisements; expansion of employees’ leave care rights;…more

California, California Family Rights Act (CFRA), California Privacy Rights Act (CPRA), Employees, Employer Liability Issues

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Dawn Siler-Nixon

Supreme Court Limits the District Courts' Ability to Issue Universal Injunctions Against Executive Orders and Agency Action

In a decision issued on June 27, 2025, Trump v. CASA, Inc. (a 6-3 ruling), the U.S. Supreme Court held that federal District Courts lack authority to grant universal injunctions. In CASA, the United States District Courts for…more

Class Action, Constitutional Challenges, Employer Liability Issues, Employment Litigation, Executive Orders

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Elizabeth Smith

Reminder!! Connecticut's Expanded Paid Sick Leave Law Takes Effect January 1, 2025

Real World Impact: Effective January 1, 2025, Connecticut’s paid sick leave law is expanded to cover all employees working for a company with more than 25 employees…more

Employees, Employer Responsibilities, Paid Leave, Paid Sick Leave, Pennsylvania

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Madonna Snowden

Fifth Circuit Affirms DOL's Authority to Set Salary Thresholds For FLSA Exemptions

Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Emily Chase-Sosnoff

Stop Woke is Broke: Injunction Stopping Florida's Anti-Woke Law Aimed at Employer Training is Upheld by Eleventh Circuit

Executive Summary: On Monday, March 4, 2024, the U.S. Court of Appeals for the Eleventh Circuit upheld the August 2022 preliminary injunction issued by Judge Walker of the U.S. District Court for the Northern District of…more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employee Training, First Amendment, Florida

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Michael Spagnola

Reminder!! Connecticut's Expanded Paid Sick Leave Law Takes Effect January 1, 2025

Real World Impact: Effective January 1, 2025, Connecticut’s paid sick leave law is expanded to cover all employees working for a company with more than 25 employees…more

Employees, Employer Responsibilities, Paid Leave, Paid Sick Leave, Pennsylvania

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Seth Spiegal

Noncompete News: New Jersey Introduces New Bill to Kill Noncompete Agreements

Executive Summary: Following last year’s unsuccessful attempt to ban noncompete agreements, New Jersey’s legislature introduced a new bill on May 19, 2025, to prohibit the use of noncompete clauses…more

Employee Rights, Employer Responsibilities, Employment Policies, Legislative Agendas, New Jersey

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Meron Squires

EntertainHR: Mission Possible—Keeping Employees Safe in Every Workplace

This summer, Mission: Impossible – Dead Reckoning Part Two is expected to raise the bar again with heart-stopping stunts, cliff-hanging escapes, and the relentless pace we’ve come to expect from the Impossible Missions Force…more

Employee Engagement, Employee Rights, Employee Training, Employer Responsibilities, OSHA

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Mark Stamelos

Nashville Mayor Issue Stay at Home Order; Tennessee Governor Orders Closure of All Dine-In Restaurants, Bars and Workout Facilities – Both Effective Midnight March 22, 2020

In an effort to reduce the spread of COVID-19 and protect the health care system from being overwhelmed, Nashville, Tennessee Mayor John Cooper has announced a “Safer at Home” Order, closing all nonessential businesses and…more

Business Closures, Coronavirus/COVID-19, Essential Functions, Executive Orders, Governor Lee

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Marc Sugerman

[Webinar] Chevron Deference Overruled by SCOTUS: Understanding the Potential Legal Implications - July 30th, 1:00 pm - 2:00 pm ET

On June 28, 2024, in an anticipated but significant decision, the Supreme Court of the United States overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required courts to defer…more

Administrative Agencies, Administrative Interpretation, Administrative Procedure Act, Ambiguous, Chevron Deference

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R. Michelle Tatum-Bush

Florida Business Required to Report Independent Contractors Effective October 1

Executive Summary: Effective October 1, 2021, Florida businesses will be required to submit new hire information for their independent contractors to the Florida Department of Revenue. This is a significant change for business…more

Employee Definition, Employer Liability Issues, Florida, Freelance Workers, Gig Economy

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Isabella Taylor Scott

The New Presidential Directive on Gender Identity: The Next Steps for Florida Employers

On January 20, 2025, President Trump enacted Executive Order (EO) 14168, which is titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This EO mandates that various…more

Employment Discrimination, Employment Policies, Enforcement Actions, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Jacquelyn Thompson

U.S. Supreme Court Decision Could Make it Harder for Employers to Defend Whistleblower Claims

Executive Summary: The U.S. Supreme Court recently held that a whistleblower under the Sarbanes Oxley Act of 2002 (SOX) is not required to prove the employer acted with retaliatory intent to prevail on a whistleblower claim. See…more

Adverse Employment Action, Hiring & Firing, Murray v UBS Securities LLC, Retaliation, Sarbanes-Oxley

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Craig Thorstenson

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

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Amy Turci

How Will the President's Executive Order on "Gender Ideology" Impact Employers?

Real World Impact: President Trump’s recent Executive Order targeting “Gender Ideology” will likely result in a change in the Equal Employment Opportunity Commission’s (EEOC’s) focus in harassment and discrimination…more

Anti-Discrimination Policies, Civil Rights Act, Employer Responsibilities, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Rachel Ziolkowski Ullrich

Crackdown on Antisemitism in Education is Not Just Limited to Students

Real World Impact: In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar with…more

Anti-Discrimination Policies, Civil Rights Act, Colleges, Department of Education, Department of Justice (DOJ)

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Nancy Van de Veer Holt

DOL Relaunches Opinion Letter Program Amid Shifting Enforcement Priorities

On June 2, 2025, the Department of Labor (DOL) launched its Opinion Letter program. Opinion Letters are official written responses from the DOL that explain how it would apply statutes and regulations under particular facts…more

Affirmative Action, Department of Labor (DOL), Employee Benefits, Enforcement, Enforcement Priorities

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Jessica Walberg

Resource Update: Innovative Strategies for Defending Against the Rising Tide of Wage and Hour Class and Collective Action Claims

Over the last decade, employers increasingly have been bombarded with wage and hour lawsuits filed by current and former employees under the Fair Labor Standards Act (FLSA) and various state law equivalents. Though no talisman…more

Class Action, Collective Actions, Employee Rights, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Howard Waldman

The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor…more

College Athletes, Educational Institutions, Employee Definition, Employee Rights, NCAA

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Henry Warnock

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union…more

Biden Administration, Collective Bargaining, Employee Rights, Employer Rights, Free Speech

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Frederick Warren

Federal District Court Invalidates DOL Overtime Rule

Real World Impact: On November 15, 2024, United States District Judge Sean Jordan granted a motion for summary judgment invalidating the U.S. Department of Labor’s (DOL) rule in its entirety which had increased the salary…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Mollie Wildmann

Injunctive Relief is Injunctive Relief: In a Sweeping Victory for Employers, SCOTUS Rules Standard for 10(j) Relief No Different than Any Other Preliminary Injunction

Executive Summary: On June 13, 2024, the Supreme Court of the United States (SCOTUS) ruled in favor of Starbucks, and employers alike, holding that when district courts consider a request for preliminary injunction under §10(j)…more

Hiring & Firing, Injunctive Relief, NLRB, Preliminary Injunctions, SCOTUS

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Louis Wilson

Stop Woke is Broke: Injunction Stopping Florida's Anti-Woke Law Aimed at Employer Training is Upheld by Eleventh Circuit

Executive Summary: On Monday, March 4, 2024, the U.S. Court of Appeals for the Eleventh Circuit upheld the August 2022 preliminary injunction issued by Judge Walker of the U.S. District Court for the Northern District of…more

Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employee Training, First Amendment, Florida

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Sarah Pierce Wimberly

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing California-based…more

Airline Employees, Airlines, Aviation Industry, Class Action, Delta Airlines

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Bret Yaw

New Florida Law Shortens Time for Filing Certain Discrimination Claims

Executive Summary: On June 30, 2020, Florida Governor Ron DeSantis signed into law CS/HB 255 which, among other things, amends the Florida Civil Rights of 1992 (FCRA) to statutorily define the limitations period by which a…more

Administrative Law Judge (ALJ), Administrative Remedies, Adverse Action Report, Anti-Discrimination Policies, Claims Limitations Period

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Hannah Yoder

EntertainHR: Why it’s Never a Good Idea to Overlook Workplace Drama

If you’re a fan of the Bravo sphere, you’re probably noticing a theme in a few of the latest seasons of our favorite shows like Summer House, the Real Housewives of New Jersey, and Vanderpump Rules: conflict amongst co-workers…more

Corporate Culture, Employer Liability Issues, Employment Policies, Harassment, Hostile Environment

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Aaron Zandy

[Event] Evolving Workplace Issues and Dynamics - Are You Ready? - Seminar and Reception - November 10th, Melbourne, FL

Half-Day Seminar Hosted by South Brevard SHRM and FordHarrison SBSHRM and FordHarrison are partnering for a fantastic half-day event at the Eau Gallie Yacht Club. This event will be held in place of SBSHRM's usual luncheon…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Continuing Legal Education, Employer Liability Issues, Employment Policies

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Johanna Zelman

Supreme Court Limits the District Courts' Ability to Issue Universal Injunctions Against Executive Orders and Agency Action

In a decision issued on June 27, 2025, Trump v. CASA, Inc. (a 6-3 ruling), the U.S. Supreme Court held that federal District Courts lack authority to grant universal injunctions. In CASA, the United States District Courts for…more

Class Action, Constitutional Challenges, Employer Liability Issues, Employment Litigation, Executive Orders

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Charles ("Chip") Zuver

New California Employment Developments for 2024

Executive Summary: Employers should look forward to another round of changes to the Golden State’s employment standards this year, the most challenging of which will be addressing employee protections for off-premises cannabis…more

California, Employee Benefits, Employees, Employer Liability Issues, Food Service Workers

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Stephen Zweig

New York Lawmakers Propose Banning Noncompete Agreements

Executive Summary: This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

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