As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to government contracts and federally-funded construction contracts. The EO also mandates that new provisions be included in all government contracts and all grants, certifying that counterparties do
President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC
Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in the political leanings of the EEOC. One of those changes, the firing of EEOC General Counsel Karla Gilbride, was expected. The other changes, the firing of EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, were unexpected and unprecedented.Continue Reading President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC
President Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented
Update (February 3, 2025): On February 1, President Trump fired Acting General Counsel Jessica Rutter. At this time, it is unclear who will serve as Acting General Counsel or who President Trump will ultimately appoint as General Counsel of the NLRB. We will closely monitor and report on further developments.
Late Monday night, President Trump made two major changes to the National Labor Relations Board (NLRB), both of which will cause a major shift in the political leanings of the NLRB and one that may substantially impact the president’s direct authority over government agencies. One of those changes, the firing of NLRB General Counsel Jennifer Abruzzo, was expected and somewhat surprising that it took this long. The other change, the firing of Board Member Gwynne Wilcox, was unexpected and unprecedented.Continue Reading President Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented
Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
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 Office
Federal 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 Threshold
NLRB 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 Apart
Insight 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 Actions
Webinar | 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 Employers
Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?
As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all non-competes arising out of employment relationships – with the exception of existing agreements with “senior executives,” as defined by the Rule. Although many legal experts have hypothesized that the federal courts would enjoin the Rule, the future of the FTC Rule remains uncertain. Accordingly, employers must remain informed on the most recent court rulings involving the FTC Rule and prepare as though it will take effect on September 4.Continue Reading Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?