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ruling means that the new rule has been vacated nationwide, will not go into effect, and the previous increase has been rescinded.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 ThresholdNLRB Releases Two Major Decisions Less Than a Week Apart
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 ApartUse of AI in Human Resources
We recently authored an article for HR.com’s HR Legal & Compliance Excellence magazine examining the role of artificial intelligence (AI) in human resources and considerations employers should watch for when adopting AI technology.
Continue Reading Use of AI in Human ResourcesInsight for Law360 on Rideshare Wage Actions
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 ActionsWebinar | Recent Legal Developments and Post-Election Insights for Employers
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 EmployersFalse Claims Act Application in Nevada Worker Classification Fight Against Lyft
I provided insight for a Bloomberg Law article on the False Claims Act allegations brought against Lyft in a worker classification suit. A recent Nevada lawsuit claims Lyft misclassified drivers as independent contractors and defrauded the government. The lawsuit claims Lyft’s actions violate Nevada’s False Claims Act, similar to the federal law in which it must be proven that individuals or companies “knowingly” intended to avoid paying the government.
2024 ERISA Welfare Plan Automatic Participant Disclosures Checklist
We recognize that many companies sponsor ERISA welfare benefit plans and will soon be undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have prepared an Automatic Participant Disclosures Checklist for use during open enrollment and throughout the plan year. Note that some of these disclosures may be delivered electronically under certain circumstances.
If you have questions regarding the information in this checklist or would like additional information regarding the electronic delivery of notices, please contact any of the attorneys in our Employee Benefits Practice Group.
Compliance Deadlines for New Section 1557 Nondiscrimination Rules Approaching, Includes Application to Medicare Part B Recipients
In April 2024, the Department of Health and Human Services (HHS) finalized revised regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA). The new, final Section 1557 regulations (2024 Rule) have staggered effective dates—beginning as early as November 2, 2024—and the 2024 Rule now applies to recipients of Medicare Part B payments. In this article, we discuss some notable changes in the 2024 Rule and provide a chart summarizing key requirements and compliance deadlines.
Register Now | MT|SHRM 2024 Employment Law Conference | October 16-17
I am looking forward to presenting at the 2024 Employment Law Conference, hosted by the Middle Tennessee Society for Human Resource Management (MTSHRM). My session, titled “Worker Classification: Why it Matters,” will take place on October 16, from 9:00 to 10:00 a.m. CT. During the presentation, I will discuss various topics related to worker classification, its impact on the workforce, and recent Department of Labor rulings.
Continue Reading Register Now | MT|SHRM 2024 Employment Law Conference | October 16-17Hot Issues for Second Half of 2024
In an article for HR.com’s Employee Benefits & Wellness Excellence issue, we highlighted key issues to watch in benefits law for the remainder of 2024. Among the top three of these considerations for the rest of the year, we listed retirement plan regulations from SECURE 2.0, litigation surrounding pharmacy benefit managers (PBM), and welfare plan compensation disclosures and associated litigation.
Continue Reading Hot Issues for Second Half of 2024