A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision, some courts had imposed a more difficult clear-and-convincing standard of proof. But, the Supreme Court made clear that the preponderance-of-the-evidence standard of proof applies.

Continue Reading Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions

Earlier today, the U.S. Department of Labor (DOL) published in the Federal Register an updated version of the Voluntary Fiduciary Correction Program (VFCP) under Title I of ERISA. Per the DOL, VFCP “is designed to encourage correction of fiduciary breaches and compliance with law by permitted persons to avoid potential [DOL] civil enforcement actions and civil penalties if they voluntarily correct” errors in accordance with the program. Notably, the update expands the current VFCP by adding a much-anticipated self-correction component for delinquent transmittal of participant contributions and loan repayments to retirement plans in specific circumstances. 

Continue Reading BREAKING: DOL Expands the Voluntary Fiduciary Correction Program

Massachusetts, Minnesota, New Jersey and Vermont have each enacted pay transparency laws which are effective in 2025 and Illinois amended its Equal Pay Act to include pay transparency requirements effective as of January 1, 2025. Enactment of pay transparency laws and equal pay laws is trending across the nation, as a means for states to address the ongoing concern of gender and minority-based pay disparities.

Continue Reading Navigating 2025 Pay Transparency Laws: What Employers Need to Know Across States

On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted re-appointment of Chairman McFerran failed on a procedural vote when a vote to end debate and consider the nomination failed. Following this vote against ending debate, which resulted in the failure of McFerran’s nomination, a scheduled vote on another of Biden’s NLRB nominations, a Republican nominee, was withdrawn.

Continue Reading National Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office

I recently authored an article for BenefitsPRO examining the status of pharmacy benefit manager (PBM) regulation in the states. While benefits professionals have seen the cost of prescription drugs rise, there is a lack of consensus as to what exactly is causing the increase. As PBMs serve as the intermediary between prescription drug manufacturers and insurance or benefit providers to help providers save on prescription drugs, PBMs have found themselves under increased scrutiny and the target of litigation and heightened regulation.

Continue Reading Status of PBM Regulation in the States

A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime.  This ruling means that the new rule has been vacated nationwide, will not go into effect, and the previous increase has been rescinded. 

Continue Reading Federal Judge Strikes Down Increased FLSA Salary Basis Threshold

The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the longevity of these rulings with an incoming change in administration, employers are required to comply with the new precedents for the time being.

Continue Reading NLRB Releases Two Major Decisions Less Than a Week Apart

I was quoted in an article on Law360 Employment Authority examining state attorneys general lawsuits against rideshare companies Uber and Lyft regarding worker classifications. The story follows the one-year anniversary of a $328 million settlement reached with both companies in New York.

Continue Reading Insight for Law360 on Rideshare Wage Actions

Join us for a webinar where we will address important employment law developments, discuss current challenges for employers, and provide insight into potential changes impacting employers following the upcoming election.

Continue Reading Webinar | Recent Legal Developments and Post-Election Insights for Employers