New Supreme Court Decision! Today, the Supreme Court held that employers looking to prove an employee is exempt from the minimum wage and overtime requirements of the FLSA must do so by a “preponderance of the evidence.” This is, of course, the standard burden of proof in civil litigation. Some courts, however, had applied a
The Fair Contracting for
Health Care Practitioners Act took effect on January 1, 2025. The Act generally
bans the use of noncompete agreements with certain health care practitioners
but with some notable exceptions.
Who
The Act
defines “health care practitioner” as a medical doctor, doctor of osteopathy,
certified registered nurse anesthetist, registered nurse practitioner, or
The Department of Labor announced a proposed rule that would phase out certificates allowing payment of less than minimum wage to some workers with disabilities. Press release here. As summarized by the DOL in the proposed rule:The Fair Labor Standards Act (FLSA or Act) authorizes the Secretary of Labor to
issue certificates allowing employers
Stop me if you’ve heard this one! It’s just before Thanksgiving, we just had a presidential election (in which Donald Trump got elected), and a new regulation increasing the minimum salary threshold for the white collar overtime exemptions is about to go into effect, when . . . a court strikes the rule down in
The National Labor Relations Act (NLRA) severely limits the steps employers can take to oppose union organizing activity. For years, the one weapon they had at their disposal was “captive audience meetings.” Yesterday, the National Labor Relations Board (NLRB) overruled precedent from 1948(!):
Not official use.[A]n employer violates the National Labor Relations Act by requiring
While this is not shocking, it is still big news – the Northern District of Texas struck down the FTC’s proposed ban on noncompetes, which was to take effect on September 4, 2024. You can read the Court’s Opinion and Order in Ryan LLC v. Federal Trade Commission here.In short: “The Non-Compete Rule, 16
On August 1, 2024, Jens Thorsen and Valhalla Business Advisors invited me to speak about recent developments in wage and hour law. It was a solid mix of fundamentals, and the new FLSA overtime regulations (with some Pennsylvania Minimum Wage Act thrown in for good measure). You can view the recording of Emerging HR Updates
The Supreme Court published its opinion in Muldrow v. City of St. Louis. The syllabus succinctly describes the holding as:An employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.Some Circuit
On Tuesday, the U.S. Department of Labor announced its Final Rule: Employee or Independent Contractor Under the Fair Labor Standards Act. A quick overview:Effective Date: March 11, 2024Why it matters: The FLSA sets a minimum wage and requires overtime pay (time and a half for hours over 40 worked in a workweek).