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On Wednesday, November 13, 2024, the National Labor Relations Board (NLRB) ruled that an employer may no longer require employees to attend meetings in which the employer expresses its views on unionization. The 3-1 decision overturned more than 75 years of labor law precedent that allowed companies...
The number of states enacting pay transparency laws increased by one on November 18, 2024, when New Jersey Governor Phil Murphy signed into law a pay transparency act (P.L.2024, c.91) that requires covered employers to disclose wage or salary information and a description of benefits in job postings...
Today, a federal court in the Eastern District of Texas vacated the Department of Labor’s (“DOL”) April 2024 Final Rule (the “Rule”) that would have raised the minimum salary level at which executive, administrative, professional and highly compensated employees can be classified as exempt from...
The Maryland Department of Labor (“MDOL”) recently issued guidance to address the Maryland Wage Range Transparency law (the “Wage Transparency Act”) and the Pay Stub and Pay Statement law (“Pay Stub Act”) that went into effect October 1, 2024. Wage Transparency Act According to the MDOL, employers...
Last month, in DraftKings Inc. v. Hermalyn, the First Circuit Court of Appeals issued a decision concerning the application of California’s non-compete ban to agreements formed outside the state. Broadly, the decision indicates that California’s ban on non-competes does not apply where the non...
On September 4, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (Labor Law §27-e), which requires certain employers to adopt a workplace violence prevention policy and implement annual training, and further mandates that large retail employers install panic buttons in the...
California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political matters. Both laws will take effect on January 1, 2025. On September 27, 2024...
On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their “family responsibilities.” Illinois is the sixth state to offer this type of...
On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices. The law is comprehensive in that it restricts employers from using AI that has the effect of...
On August 23, 2024, the Fifth Circuit Court of Appeals vacated the U.S. Department of Labor’s (DOL) much maligned 80/20 rule, which has largely been in flux in the decades since it was first introduced in a Field Operations Handbook in 1988. Under the 80/20 rule, up to 20 percent of a tipped...
On July 31, 2024, Massachusetts Governor Maura Healy signed into law the Frances Perkins Workplace Equity Act (the “Act”). The Act—aimed at promoting wage equity and transparency—imposes new requirements relating to both pay disclosure and pay data reporting on many businesses with employees in...
By now, employers across the country are aware of the Federal Trade Commission’s (“FTC”) pending rule banning the vast majority of non-competition agreements on a national level (the “Rule”). We have been tracking the Rule from its beginning, through various stages of the different legal challenges...
On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality of the circumstances in a Title VII sexually hostile work environment claim...
In the recent decision of New Jersey Staffing Alliance v. Fais, — F.4th —- (3d. Cir. July 24, 2024), the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law. New Jersey’s Temporary Workers’...
On Tuesday, July 23, 2024, Eastern District of Pennsylvania Judge Kelley Brisbon Hodge declined to enjoin application of the FTC’s administrative rule banning the majority of non-competes in the country (the “Rule”) when she denied ATS Tree Services, LLC’s (“ATS”) motion for a stay and a preliminary...
On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly broad non-compete and non-solicitation clauses unduly restrict employees’...
Introduction Following the hottest June on record and with temperatures rising as we approach the dog days of summer, OSHA recently issued a long-awaited proposed rule creating standards for heat injury and illness prevention in outdoor and indoor settings (the “Proposed HIIP Rule”). Created...
The Supreme Court’s highly-anticipated decision in Loper Bright Enters v. Raimondo overturned decades-old precedent requiring courts under Chevron USA v. Natural Resources Defense Council, Inc. to defer to federal agency interpretations of an ambiguous statute. This ruling will have momentous...
According to the Equal Employment Opportunity Commission (EEOC), numerous factors increase the risk of harassment in the construction industry, including a relatively homogeneous workforce, pressure to conform to traditional stereotypes, decentralized workplaces, multiple employers at one worksite...
In a win for employers facing unfair labor practice charges, the Supreme Court’s holding in Starbucks v. McKinney makes it more difficult for the National Labor Relations Board (NLRB) to obtain Section 10(j) injunctions. Section 10(j) of the National Labor Relations Act (NLRA) provides the NLRB the...