Today, the DOL’s Final Rule expanding overtime protection in the form of salary threshold increases for FLSA exempt workers takes effect for most employers across the country.  There has been some uncertainty over the past month with three cases pending in Texas federal court challenging the legality of the rule.  On Friday, June 28, 2024

On April 24, 2024, the United States Department of Justice (“DOJ”) published its much-anticipated final rule regarding website and mobile app accessibility for state and local governments.  The new rule, which implements Title II of the Americans with Disabilities Act (“ADA”), has specific requirements to ensure that web content and mobile apps are accessible to and

The Supreme Court of the United States (“Supreme Court’) recently clarified the standard for claims brought under Title VII involving allegations of discrimination related to job transfers. Specifically, the Supreme Court held that employees only need to show “some harm” to the terms and conditions of their employment resulting from the transfer and unanimously rejected

FTC Issues Anticipated Rule Barring Non-Compete Agreements

On Tuesday afternoon, the Federal Trade Commission issued a final rule largely banning non-compete agreements for employees. The rule is intended to go into effect in around four months but will likely be the subject of multiple legal challenges.  

The rule is short in its nature. 

It defines

The Pregnant Workers Fairness Act (PWFA), in force since June 27, 2023, requires employers with 15 or more employees to accommodate pregnancy-related limitations. The Equal Employment Opportunity Commission (EEOC) recently released a 408-page final rule on April 15, 2024, implementing the PWFA, effective from June 18, 2024.

This post will recap some of the key

Earlier this month, the Supreme Court considered whether James Freed, a city manager who maintained a “mixed use” Facebook account on which he posted information about his personal life and his job, violated the First Amendment and was subject to liability under 42 U.S.C. § 1983 (“Section 1983”) when he deleted comments with which he

On Monday, February 5, 2024, the Region 1 Regional Director of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election that permits the Dartmouth College men’s basketball team to proceed forward with a union election. 

The National Labor Relations Act (“NLRA”) grants expansive rights to employees of most private sector

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a final rule (“Final Rule”) defining the term independent contractor under the Fair Labor Standards Act (“FLSA”), rescinding the previous definition of independent contractor outlined in 2021 (“2021 Rule”). The Final Rule establishes a six-factor test based on the economic reality of the worker

Scenarios that arise for employers under the Americans with Disabilities Act and the Family Medical Leave Act are often complex and without simple solutions. Oftentimes, these situations hinge on a particular fact that might be unusual or unique. In this podcast, we will present a brief overview of the ADA and FMLA, look at some