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
National Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office
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failure of McFerran’s nomination, a scheduled vote on another of Biden’s NLRB nominations, a Republican nominee, was withdrawn.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 OfficeFederal Judge Strikes Down Increased FLSA Salary Basis Threshold
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ruling means that the new rule has been vacated nationwide, will not go into effect, and the previous increase has been rescinded.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 ApartWhy Employee Handbooks Still Matter and Where They Can Go Wrong
Employee handbooks might seem like routine HR paperwork, but they continue to play a critical role in protecting employers if they’re done right.
Continue Reading Why Employee Handbooks Still Matter and Where They Can Go WrongLegal Risks Associated with Employee Handbooks
I recently discussed the use of employee handbooks and provided insight on how employers can avoid legal risks.
Continue Reading Legal Risks Associated with Employee HandbooksWebinar | 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 EmployersNLRB Withdraws Appeal of Joint Employer Rule
The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule. As readers may recall, late last year the NLRB issued a rule broadening the definition of joint employer, which would have significantly increased the number of entities that may be deemed joint employers and thus share responsibility for complying with the National Labor Relations Act.
Continue Reading NLRB Withdraws Appeal of Joint Employer RuleFederal Court Enjoins FTC From Implementing Non-Compete Ban
A federal judge in the Northern District of Texas has enjoined the Federal Trade Commission from implementing its Rule banning non-compete agreements and stayed the effective date of the Rule while the underlying lawsuit against the Rule proceeds, but only with respect to the parties to the lawsuit.
Continue Reading Federal Court Enjoins FTC From Implementing Non-Compete BanSupreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions
On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency’s interpretation of the law simply because a statute is ambiguous.
Continue Reading Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions