The increasingly complicated legal battle over the Fair Labor Standards Act’s (FLSA) overtime rule—and the way it defines the exemptions for executive, administrative, professional, outside sales, and computer employees...
Federal Employment Law Insider
Immediately after the Supreme Court’s decisions in SFFA v. Harvard/UNC eliminating the use of race in higher education admissions, questions were raised about corporate diversity, equity, and inclusion (DEI) programs...
Recreational touring companies are seeking U.S. Supreme Court review of the U.S. 10th Circuit Appeals Court decision upholding President Joe Biden’s $15 minimum wage requirement for federal contractors. The companies...
Since the Supreme Court’s rulings in Loper Bright and Jarkesy, employers have wondered to what degree the High Court’s rulings would affect the National Labor Relations Board (NLRB), which has long regarded itself as...
When the Supreme Court decided SEC v. Jarkesy, it only decided one of the issues in the U.S. 5th Circuit Court of Appeals decision. As we noted in “NLRB, ALJs facing existential challenges,” the 5th Circuit in Jarkesy...
With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the...
On August 16, the Supreme Court refused to lift lower court orders blocking the Department of Education’s (DOE) new regulations protecting LGBTQ+ students from discrimination based on gender identity. The new rule...
If Trump wins, one thing is certain: NLRB General Counsel (GC) Jennifer Abruzzo would be fired at once. Just as President Joe Biden sacked then-NLRB GC Peter Robb almost before the Inaugural Balls were over, Abruzzo...
The current National Labor Relations Board (NLRB) under President Joe Biden has been heavily involved in moving forward the administration’s prolabor goals. But as the Biden administration draws to a close, the Board...
With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was...
The annual National Industry Liaison Group (ILG) Conference was held in Orlando this year from July 29 through August 1. While there wasn’t much new because it’s an election year, here are a few highlights: Acting Office...
The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings. No Kings Act In...
The Equal Employment Opportunity Commission (EEOC) is considering a furlough for all the agency’s staff for a day in late August to stay under its operational budget. On July 30, 2024, EEOC Chair Charlotte Burrows...
In February 2023, Derek Mobley filed a proposed class action lawsuit against HR software developer Workday, Inc., in the U.S. District Court for the Northern District of California, alleging discriminated in hiring based...
We have lived through a few weeks none of us has ever experienced: an assassination attempt on a former president who is a current candidate; a presidential withdrawal from the campaign; a Black-South Asian woman as...