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On February 1, 2025, President Donald Trump terminated Rohit Chopra’s tenure as the Director of the Consumer Financial Protection Bureau (CFPB). Early on the morning of February 3, 2025, the CFPB issued a press release noting that recently-confirmed Secretary of the Treasury Scott Bessent had been...
Welcome to our blog series about new California employment laws affecting a wide range of businesses and employers. California already presents one of the most difficult legal landscapes for employers, and with several new laws taking effect, that challenge will only continue. Part 1 of this series...
The Trump administration is moving swiftly to dramatically increase enforcement of U.S. immigration laws. Among the executive orders signed in the early days of President Donald Trump’s second term are sweeping changes designed to increase federal agencies’ abilities to arrest and detain...
In the prior article we discussed the reasoning behind creation of a health and welfare committee to oversee administration of the health and welfare plans. In creating a charter, a plan sponsor will need to decide whether to include a work plan as an exhibit to that charter as a general guide to...
As expected, President Trump has issued a slew of Executive Orders (“EOs”) during his first days in office that will have far-reaching implications for many aspects of the federal government and completely upend a plethora of policies implemented by the Biden administration. The labor and employment...
The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) recently issued updated guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. The new guidelines discuss how certain agreements, which limit the ability and...
On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from wrongfully terminated employees. In doing so, the court vacated a portion of the...
Following the flurry of regulatory guidance and informal comments from officials at the Employee Benefits Security Administration, and other agencies of the Federal government, health and welfare plans should be a primary focus for plan sponsors in the upcoming year. Designating a Committee or...
Earlier this month, the General Counsel of the National Labor Relations Board (NLRB) issued a consolidated complaint charging the producers of the popular Netflix show “Love is Blind” with unfair labor practices for their treatment of contestants in this popular reality TV show. The idea that...
On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private right of action for employment discrimination based on marijuana consumption...
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...
When crafting an individual estate plan, you should consider whether a Revocable Trust is right for you. Below is an analysis of an artificial fact pattern and the estate plan I would recommend based on that fact pattern. For a more concise and technical explanation of the benefits of a Revocable...
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...
Minneapolis Litigation Partner and Appellate Group Co-Chair Katie Barrett Wiik served as a Co-Editor of the 2024 edition of the Eighth Circuit Practice Manual, published by Minnesota CLE. This publication is designed to be a primary resource for attorneys representing clients in its namesake...
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...
When creating trusts for estate-reduction purposes, nothing compares to the Intentionally Defective Grantor Trust. This type of trust is referred to by the acronym “IDGT.” Called by some as an I-D-G-T and others a word that rhymes with “digit,” the IDGT is an excellent tool for reducing the value of...
Account changes by a loved one are often done in secret, and direct evidence of undue influence is rarely available. In cases where manipulation has led to changes in a beneficiary designation that have caused you harm, the claim typically hinges on whether there was a confidential relationship...
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...