In a recent decision, the National Labor Relations Board (NLRB) reversed a 76-year-old precedent and held that employers violate the National Labor Relations Act (NLRA) when they compel employees to attend meetings where the employer expresses its views on...
Content By Emily L. Korthaus
Texas Court Strikes Down DOL’s New Overtime Rule Nationwide
For the past year, we have been following the legal challenges to the Department of Labor’s (DOL) new overtime rule, which expanded the minimum salary threshold for the white-collar exemptions by sixty-five percent (65%). That singular focus by the DOL on increasing...
Keurig Pays the Price for Misleading ‘Recyclable’ K-Cup Claims
The Securities and Exchange Commission (SEC) recently charged Keurig Dr Pepper Inc. with making inaccurate statements about the recyclability of its K-Cup single-use beverage pods in violation of securities laws. The case highlights the importance of accurate...
Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling
On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud cases violates the Seventh Amendment’s...
Crowdfunding: A Double-Edged Sword for Investors and Business Owners
In 2015, the Securities and Exchange Commission (SEC) inaugurated Regulation A+, an expansive amendment to the existing Regulation A exemption of the Securities Act of 1933 (Regulation A). The amendment made Regulation A a more practical alternative to registered...
Real vs. Artificial: The Top Three Reasons Why AI Can’t Replace a Real-Life Attorney
Almost as soon as Open AI’s ChatGPT platform was released to the public on November 30, 2022, speculation about its impact on service industries that rely upon written and analytical work generated by skilled professionals went from zero to “11.” Our collective...
Intel Receives Largest U.S. Funding Grant to Date but Confirms Further Delays in New Albany Facility Operations
On March 20, 2024, Intel and the White House announced Intel will receive $8.5 billion in federal subsidies to support Intel’s semiconductor plants in the United States. This grant is the largest award announced under the CHIPS and Science Act (CHIPS Act) to date. The...
Recreational Marijuana Use Becomes Legal in Ohio: Here is What Employers Need to Know
On November 7, 2023, Ohio voters passed An Act to Control and Regulate Adult Use of Cannabis (the Act), making Ohio the 24th state to legalize recreational adult use of marijuana. While Ohio and its Department of Commerce is far from retail sale or distribution of...
The Supreme Court Strengthens Religious Accommodation Requirements in Recent Case
The U.S. Supreme Court has “clarified” the test under Title VII of the Civil Rights Act that employers and the U.S. Equal Employment Opportunity Commission have relied upon for more than 46 years, making it easier for employees to obtain religious accommodations....
New York May Ban Non-Competes as Bill Awaits Governor’s Signature
New York may join several other states that have essentially banned post-employment non-compete agreements, including California, Minnesota, North Dakota, and Oklahoma. Governor Kathy Hochul is considering a bill that was fast-tracked through the state legislature...