Recent Blog Posts
- Supreme Court Will Resolve Class Action Waiver Split – Employment Law This Week Featured on Employment Law This Week: The U.S. Supreme Court takes on class action waivers.
In 2012, the National Labor Relations Board (NLRB) ruled that class action waivers in arbitration agreements violate employees’ rights under the National Labor Relations Act (NLRA). The U.S. Court of Appeals for the Second, Fifth, and Eighth Circuits disagreed, finding that these waivers do not violate the NLRA and are enforceable under the Federal Arbitration Act. More recently, the Seventh and Ninth Circuits sided with the NLRB on... More
- New Administration’s Request for Additional Time to Address Injunction of New Overtime Rule May Signal an Intent to Abandon the Rule As we previously discussed here, acting on behalf of the Department of Labor (“DOL”), the U.S. Department of Justice (“DOJ”) urged
the Fifth Circuit Court of Appeals to expedite briefing on its interlocutory appeal of a Texas district court’s nationwide preliminary injunction barring implementation and enforcement of the new overtime rule that would double the minimum salary threshold for white-collar exemptions, among other things. The injunction was issued just days before the rule was to go into effect on December 1,... More
- Five Issues Employers Should Monitor Under the Trump Administration In the new issue of Take 5, our colleagues examine five employment, labor, and workforce management issues that will continue to be reviewed and remain top of mind for employers under the Trump administration:
Change in Labor Landscape Is Not Likely to Come Quickly
For Wage and Hour Changes, Look Locally
Employer Group Health Plans Post-ACA: What’s Next for Employers and Workers?
Examination of Retirement Plans Under a Trump Administration Microscope
Cyber Threats Are Front and Center for Employers as the Trump Administration Takes Office
- Supreme Court Set To Resolve Class Action Waiver Dispute On January 13, 2017, the United States Supreme Court granted certiorari to hear three cases involving the enforceability of arbitration agreements that contain class action waivers.
Whether such agreements are enforceable has been a hotly contested issue for several years now, particularly in cases involving wage-hour disputes.
The Fifth Circuit has held that such waivers can be enforceable (NLRB v. Murphy Oil, Inc.), joining the Second and Eighth Circuits in that conclusion. The Seventh (Epic Systems, Inc. v. Lewis) and Ninth Circuits... More
- Despite Expedited Fifth Circuit Review, the District Court Case Challenging the DOL’s Proposed Overtime Regulations Will Proceed The District Court for the Eastern District of Texas has denied the U.S. Department of Labor’s application to stay the case in which the district court enjoined the DOL’s new overtime regulations. The DOL had asked the court for a stay while the Fifth Circuit Court of Appeals considered an interlocutory appeal of the injunction.
As wage and hour practitioners know:
In May 2016, the U.S. Department of Labor announced that it would implement new regulations increasing the salary threshold for the... More
- New York Raises Salary Thresholds for Overtime Exemption – Employment Law This Week Featured on Employment Law This Week: Another Department of Labor action currently in limbo is the new federal salary thresholds for the overtime exemption. But New York went ahead with its own increased thresholds, sealing the deal at the end of 2016.
In New York City, the threshold is now $825 a week, or $42,950 annually, for an executive or administrative worker at a company with 11 or more employees. The salary thresholds will increase each year, topping out at $1,125... More
- New York State Department of Labor Implements New Salary Basis Thresholds for Exempt Employees Our colleagues, Susan Gross Sholinsky, Dean L. Silverberg, Jeffrey M. Landes, Jeffrey H. Ruzal, Nancy L. Gunzenhauser, and Marc-Joseph Gansah have written an Act Now Advisory that will be of interest to many of our readers: “New York State Department of Labor Implements New Salary Basis Thresholds for Exempt Employees.”
Following is an excerpt:
The New York State Department of Labor (“NYSDOL”) has adopted its previously proposed amendments to the state’s minimum wage orders to increase the salary basis threshold for executive... More
- Top Issues of 2016 – Featured in Employment Law This Week The new episode of Employment Law This Week offers a year-end roundup of the biggest employment, workforce, and management issues in 2016:
Impact of the Defend Trade Secrets Act
States Called to Ban Non-Compete Agreements
Paid Sick Leave Laws Expand
Transgender Employment Law
Uncertainty Over the DOL’s Overtime Rule and Salary Thresholds
NLRB Addresses Joint Employment
NLRB Rules on Union Organizing
Watch the episode below and read EBG’s Take 5 newsletter, “Top Five Employment, Labor & Workforce Management Issues of 2016.”
- Seventh Circuit Holds That Student Athletes Are Not Employees Berger v. National Collegiate Athletic Association,
No. 14-cv-1710 (7th Cir. Dec. 5, 2016)
Colleges and universities, at least in the jurisdiction of the Seventh Circuit Court of Appeals, surely breathed a collective sigh of relief earlier this month when the Court held that student athletes were not employees under the Fair Labor Standards Act (“FLSA”) and thus were not entitled to minimum wage.
Former student athletes at the University of Pennsylvania sued Penn, the National Collegiate Athletic Association (“NCAA”) and over 120... More
- DOL Appeals Temporary Injunction on Overtime Laws – Employment Law This Week Featured on Employment Law This Week: A Texas federal court ruled that the U.S. Department of Labor (DOL) does not have the authority to implement new salary thresholds for overtime.
The district judge issued a nationwide preliminary injunction on the DOL’s new rules and the department appealed. The DOL has now asked for an expedited briefing on its appeal to be completed by February 7, followed by oral arguments as soon as possible. But the Trump administration will be in place by then, and... More