Archives of Employment

The Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”) each made critical rule changes last week impacting employers across most industries. First, the DOL announced a new rule raising the salary thresholds for overtime exemptions, which will make millions of employees eligible for overtime pay. Second, the FTC issued its long-awaited final rule […]

The National Labor Relations Board (NLRB) recently adopted a new standard for assessing the validity of workplace rules. Under this new standard, as articulated in Stericylce, Inc. and Teamsters Local 628, 372 NLRB No. 113 (2023), a workplace rule is presumed unlawful if an employee could reasonably interpret the rule to restrict his/her rights under […]

The Equal Employment Opportunity Commission (“EEOC”) is ramping up its focus on addressing discrimination and harassment against transgender employees. In August 2023, the EEOC announced its new Strategic Enforcement Plan for fiscal years 2024-2028. In the Strategic Enforcement Plan, the EEOC outlined an increased focus in preventing and addressing discrimination and harassment against multiple categories […]

Out with the old…in with the new. On January 10, 2024, the U.S. Department of Labor (“DOL”) released a new final rule (the “new rule”) regarding classification of workers under the Fair Labor Standards Act (“FLSA”). The new rule replaces a Trump administration rule and returns to a six-factor test in determining whether, as a […]

New year, new rules…maybe. On October 26, 2023, the National Labor Review Board (NLRB) issued a final rule for determining joint employer status. Entities that share employees with other entities, such as contractors and subcontractors, companies using temporary employees, and franchisors and franchisees may be significantly affected by the final rule and may face a […]

In September, the Equal Employment Opportunity Commission (EEOC) released their Strategic Enforcement Plan (SEP) for fiscal years 2024-2028, outlining their enforcement goals and focus for the new year and beyond. As part of the SEP, the EEOC announced an increased focus on protecting specific categories of workers, including those with mental health related disabilities. Why […]

Are you an “employer” under the National Labor Relations Act notwithstanding your engagement with another company (e.g., a staffing firm) to supply workers? As 2023 begins to wrap up, the National Labor Relations Board (“NLRB”) is upping their standards for deciding whether an entity meets the definition of a joint employer. The NLRB, which enforces […]

Having and abiding by correct non-discrimination policies could be worth tens of millions of dollars. On September 1, 2023, a jury awarded a $36 million verdict against a Nebraska trucking company in EEOC v. Werner Enterprises for failure to hire and failure to accommodate. In 2016, Victor Robinson (“Robinson”), a deaf man, applied for a […]

Now, while it is still early, is the time for employers to consider and prepare for potential increased overtime costs. As it stands today, the salary threshold for workers who can be exempt from overtime pay requirements is $35,568. That means, if all other exemption requirements are satisfied, workers with a salary of at least […]

On August 11, 2023, the Equal Employment Opportunity Commission (“EEOC”) released a proposed rule to establish regulations enforcing the Pregnant Workers’ Fairness Act (“PWFA”). The PWFA took effect on June 27, 2023, and requires employers with 15 or more employees to provide certain accommodations to qualified employees with limitations due to pregnancy, childbirth, or other […]