News & Analysis as of

Final Rules Labor Reform Employer Liability Issues

Vorys, Sater, Seymour and Pease LLP

Federal Court Invalidates the DOL’s Final Overtime Rule

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) final rule raising the salary thresholds for being exempt from overtime under the Fair Labor Standards...more

Franczek P.C.

FTC Ban on Non-Competes Is Blocked — For Now

Franczek P.C. on

Back in April 2024, the Federal Trade Commission (FTC) issued a final rule that would have banned non-compete agreements nationwide as of September 4, 2024. (You can read our alert on the FTC’s final rule here.) However, on...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

Spilman Thomas & Battle, PLLC

DOL Final Rule Imposed a Series of Increases to Minimum Salary Threshold for Overtime Exemptions

As we reported last fall, the Wage and Hour Division of the Department of Labor (DOL) issued a proposed rule in September 2023 to significantly increase the standard salary level applicable to the overtime exemption for...more

Pullman & Comley - Labor, Employment and...

Important Wage Alert Regarding the DOL’s Final Rule Increasing the Salary Level for the Executive, Administrative and Professional...

Effective July 1, 2024, the U.S. Department of Labor’s new overtime rule took effect throughout the country, except in the state of Texas (where due to ongoing litigation, Texas employees that are employed by the state of...more

CDF Labor Law LLP

NLRB Reinstates Weapons for Unions in Attempting to Organize Non-Union Workplaces

CDF Labor Law LLP on

Last week, the National Labor Relations Board issued its Fair Choice - Employee Voice Final Rule. This new Final Rule reinstates several practices that were in place prior to the Trump NLRB making changes in 2020....more

Ballard Spahr LLP

Texas District Court Preliminarily Enjoins FTC’s Non-Compete Ban for Named Plaintiffs

Ballard Spahr LLP on

As we previously reported, here, the Federal Trade Commission (FTC) issued a Final Rule on April 23, 2024 that would prevent most employers from enforcing non-compete agreements against workers, effective September 4, 2024...more

Nelson Mullins Riley & Scarborough LLP

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas.  As discussed in a...more

FordHarrison

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

FordHarrison on

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...more

Franczek P.C.

Tech Firm’s Attempt to Block Overtime Rule Falls Short

Franczek P.C. on

After a federal judge in the Eastern District of Texas blocked the DOL’s new overtime exemption rule as it pertains to Texas state employees, another judge in the Northern District of Texas declined to issue a similar...more

Franczek P.C.

Will The New Overtime Rule Take Effect July 1?

Franczek P.C. on

The clock is quickly ticking down to July 1, when the U.S. Department of Labor’s new rule increasing the minimum salary for many employees to be considered exempt from overtime under the Fair Labor Standards Act is supposed...more

Littler

Rates Up, Dude – Surfing the Wave of U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases that Will Occur on July 1, 2024

Littler on

While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more

CDF Labor Law LLP

Get Ready for July 1, 2024 Federal Increased Salary Thresholds

CDF Labor Law LLP on

The U.S. Department of Labor (“DOL”) issued its much-anticipated Final Rule, which increases the salary threshold that determines whether employees are exempt from overtime pay under the Federal Law, Fair Labor Standards Act...more

CDF Labor Law LLP

Legal Challenges to New DOL Rule Increasing Salary Basis for Exempt Status under FLSA

CDF Labor Law LLP on

A new Department of Labor (DOL) Overtime Rule (2024 OT Rule) which raises the salary threshold for white-collar exemptions scheduled to go into effect on July 1, 2024 is facing legal challenges. On May 22, 2024, several...more

Nelson Mullins Riley & Scarborough LLP

DOL Announces Rule Increasing Minimum Salary Threshold for Exempt Employees

The U.S. Department of Labor (DOL) announced on April 23 a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July...more

Bilzin Sumberg

The FTC Ban on Non-Competes

Bilzin Sumberg on

Final Rule Requires Notice to Workers of Unenforceability by September 4, 2024 - The Federal Trade Commission proposed a sweeping rule last year, outlawing most non-competition agreements nationwide. The rule drew...more

Manatt, Phelps & Phillips, LLP

Pay Up: DOL Increases Salary for Exempt Workers

The Department of Labor (DOL) has released its final rule increasing the minimum salary employers must pay to most exempt workers under the Fair Labor Standards Act (FLSA)....more

Epstein Becker & Green

Challenging the FTC’s Noncompete Rule: Amicus Brief Submitted on Behalf of 11 National Trade Organizations

Epstein Becker & Green on

As we have previously written, on April 23, 2024, the Federal Trade Commission (FTC) issued a sweeping final rule (“the Rule”) that purports to ban virtually all post-employment noncompete agreements in the United States. The...more

Epstein Becker & Green

DOL Offering Webinars on Final Overtime Rule

Epstein Becker & Green on

As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more

Farrell Fritz, P.C.

FTC Ban on Non-Competes: Throwing the Baby Out with the Bathwater

Farrell Fritz, P.C. on

Last month, the Federal Trade Commission voted 3-2 along party lines to impose a general ban on non-competes, claiming these arrangements stifle innovation, limit employee mobility and suppress wages. I blogged about the...more

Ballard Spahr LLP

FTC Webinar Provides Additional Guidance on Final Rule Banning Noncompete Agreements

Ballard Spahr LLP on

As we previously reported, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for...more

Bodman

Who is a “Senior Executive” Under the FTC’s Non-Compete Clause Rule? It’s More Narrow Than You Think.

Bodman on

The FTC’s non-compete ban is the topic of conversation for most in the HR world. As we all have heard, the FTC issued the Non-Compete Clause Rule (the “Rule”) which would ban nearly all non-compete provisions with limited...more

Franczek P.C.

Coaches and Athletic Trainers Under the New FLSA Exemption Rules

Franczek P.C. on

A common question for schools assessing how to comply with the new overtime exemption rule published by the U.S. DOL is what to do about coaches and athletic trainers in light of the new minimum salary requirement for the...more

Nelson Mullins Riley & Scarborough LLP

EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Final Rule implementing the Pregnant Workers Fairness Act (PWFA). The Final Rule will go into effect on June 18, 2024, nearly a year after the...more

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