On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary level for the white-collar exemption for overtime eligibility.

The white-collar exemption excludes employees in bona fide executive, administrative, or professional roles from being subject to the overtime requirements of the Fair Labor Standards Act (“FLSA”).… Continue Reading

September 19, 2024 | 8:00 AM – 4:30 PM

Are you an HR professional, employment attorney, or organizational leader? Don’t forget to register for one of the most anticipated events of the year—the 12th Annual HR Legal Summit. Co-sponsored by Ballard Spahr and SEPA SHRM, this must-attend summit will help you stay abreast of critical legal developments affecting human resources departments, earn SHRM/HRCI recertification credits or CLE credits, and connect with other HR professionals.… Continue Reading

September 19, 2024 | 8:00 AM – 4:30 PM

Are you an HR professional, employment attorney, or organizational leader? Don’t forget to register for one of the most anticipated events of the year—the 12th Annual HR Legal Summit. Co-sponsored by Ballard Spahr and SEPA SHRM, this must-attend summit will help you stay abreast of critical legal developments affecting human resources departments, earn SHRM/HRCI recertification credits or CLE credits, and connect with other HR professionals.… Continue Reading

In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ended the agency’s practice of approving “consent orders,” which permitted an administrative law judge to resolve an unfair labor practice case before adjudication based on terms offered solely by the respondent.  The Board’s decision will make it more difficult for employers to settle cases at the NLRB unless they are willing to accept the full remedy sought by the general counsel. … Continue Reading

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule.

In April of 2020,  the Board published a final rule addressing various union representation issues: (1) union elections while unfair labor practice (“ULP”) charges are pending, (2) voluntary recognition procedures, and (3) Section 9(a) recognition in the construction industry.… Continue Reading

On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas vacated the Federal Trade Commission’s (FTC) final Rule that the FTC enacted to ban noncompete agreements.  Judge Brown held that the FTC exceeded its statutory authority and invalidated the Rule on a nationwide basis.… Continue Reading

As we previously reported, the Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” on April 23, 2024, which raised the salary thresholds for “white-collar” and highly compensated employees, rendering millions of employees eligible for overtime.… Continue Reading

Please join us for the 12th Annual HR Legal Summit co-sponsored by Ballard Spahr and SEPA SHRM. This year’s HR Legal Summit will be held on Thursday, September 19, 2024 from 8:00 AM – 4:30 PM. The Summit is relevant for HR professionals, employment attorneys, and anyone who wants to ensure they remain current on legal developments impacting Human Resources. … Continue Reading

On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor Standards Act (“FLSA”). Being classified as employees could entitle college athletes to minimum wages and overtime pay, among other rights under the FLSA.… Continue Reading

Updated on August 17, 2024

As we previously reported, here, the Federal Trade Commission (FTC) issued a Final Rule on April 23, 2024 that would prevent most employers from enforcing non-compete agreements against workers, effective September 4, 2024 (the “Rule”). As a result of a preliminary injunction entered against the Rule by a Texas federal court, employers are in limbo as to whether the Rule will impact their businesses.… Continue Reading