The Supreme Court recently reversed a long-standing doctrine established by the 1984 decision, Chevron v. Natural Resources Defense Council. The Court returned the duty of interpreting ambiguous statutory provisions involving federal agency rulings to the district...
Content By Alan M. Rauss
EEOC’s Pregnant Workers Fairness Act Faces Legal Challenges: Key Takeaways for Employers
Within the last two weeks, courts across the country reached opposite conclusions about the U.S. Equal Employment Opportunity Commission’s authority to implement legislation that requires employers to provide accommodations for employees who seek “purely elective...
Supreme Court Sides with Starbucks in Long-Awaited Union Battle: Implications for Employers and Employees
In an eight-to-one decision this month, the Supreme Court ruled in favor of Starbucks in Starbucks Corp. v. McKinney, involving a longstanding legal battle against the National Labor Relations Board (NLRB). The NLRB was advocating on behalf of a labor union...
FTC’s Final Rule on Non-Compete Clauses: Implications & Considerations
FTC Rule Bans Non-Compete Clauses for Non-Senior Employees Non-compete clauses have long been a contentious issue in employment agreements, with concerns raised about their potential to stifle competition and limit employee mobility. On April 23, 2024, the Federal...
Department of Labor Issues Final Rule Elevating Minimum Salary for Overtime Exempt Workers
The DOL has issued its final rule on overtime exempt workers, surpassing all expectations and setting a minimum salary threshold sixty-five percent (65%) higher than current thresholds in a two-step process. Last year, we delved into the DOL’s efforts in its proposed...
Back to the Future: The Department of Labor Issues Its New Rule on Independent Contractors
The Department of Labor has long labored to rein in the practice by some employers of labeling workers as independent contractors instead of employees to avoid the requirements under the Fair Labor Standards Act (FLSA) to pay minimum wage and overtime. It has now...
Current Considerations About COVID-19 in the Workplace
The COVID-19 Public Health Emergency officially ended on May 11, 2023, when the Department of Health and Human Services allowed the federal Public Health Emergency for COVID-19 to expire, but people are still getting COVID-19, and some of them are getting seriously...
NLRB Finalizes Rule Broadening Joint Employer Test: What Employers Need to Know
Key Takeaways The National Labor Relations Board (NLRB) has recently finalized a rule broadening the joint employer test. The new rule replaces a 2020 policy that excused joint employers from bargaining unless workers could demonstrate that the joint employer had...
Ohio’s One Fair Wage Petition and Its Implications
Introduction In the pursuit of economic fairness, Ohio finds itself at a crossroads with the One Fair Wage petition (One Fair Wage), a movement aiming to amend Article II, Section 34a of the Ohio State Constitution to increase the minimum wage. As with any significant...
Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders
In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for their steadfast refusal to comply with...