I was recently quoted in McKnight’s Home Care in connection with a new decision from the U.S. Court of Appeals for the Sixth Circuit that supports the Department of Labor’s pending reinstatement of the companionship exemption. The ruling is notable because it reinforces the DOL’s authority to interpret and update wage and hour rules under the Fair Labor Standards Act.
Continue Reading Appeals Court Affirms DOL Authority in Companionship Exemption Case
Federal Appeals Court Invalidates NLRB’s Cemex Standard
The United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) recently ruled that the National Labor Relations Board (NLRB) exceeded its authority when it issued its decision in Cemex Construction Materials Pacific LLC. As a result, at least within the Sixth Circuit’s jurisdiction (Tennessee, Kentucky, Ohio, and Michigan), the Cemex decision has been invalidated, and its onerous remedies will not be available for the NLRB to impose upon employers in those states.
Continue Reading Federal Appeals Court Invalidates NLRB’s Cemex StandardEEOC Rescinds 2024 Guidance on Harassment in the Workplace
On January 22, the Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, No. 915.064 (the 2024 Guidance), an almost 200‑page document that consolidated decades of agency positions and practices for preventing and correcting harassment.
Continue Reading EEOC Rescinds 2024 Guidance on Harassment in the WorkplacePresident Trump’s NLRB Gains Quorum and GC, Flurry of Activity Expected
On January 7, James Murphy and Scott Mayer, as National Labor Relations Board (NLRB or Board) members, and Crystal Carey, as the NLRB’s General Counsel (GC), were sworn into their roles following their confirmation votes in the Senate.
Continue Reading President Trump’s NLRB Gains Quorum and GC, Flurry of Activity ExpectedState Enforcement of Employee Misclassifications
I was quoted in a Law360 article addressing state attorneys general (AG) prioritizing the misclassification of employees as independent contractors.
Continue Reading State Enforcement of Employee MisclassificationsFifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional
In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and other employers.
Continue Reading Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely UnconstitutionalSupreme Court – Same Burden of Proof Applies to All Plaintiffs in Title VII Discrimination Claims, Removing Greater Burden for “Reverse Discrimination” Claims
On June 5, the U.S. Supreme Court issued a unanimous decision, overruling the Sixth Circuit’s “background circumstances” rule in employment discrimination cases. The background circumstances rule required members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim.
Continue Reading Supreme Court – Same Burden of Proof Applies to All Plaintiffs in Title VII Discrimination Claims, Removing Greater Burden for “Reverse Discrimination” ClaimsDOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement
On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil rights law.
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DoorDash Wage Dispute and Impact on Gig Economy
I was quoted in an article for Law360 Employment Authority discussing DoorDash wage disputes following the recent $17 million settlement agreement with the state’s Office of Attorney General’s Labor Bureau over stolen tips.
Continue Reading DoorDash Wage Dispute and Impact on Gig EconomyFourth Circuit Terminates Maryland District Court’s DEI Injunction
On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing”