Employment Alert – The FLSA’s Salary-Basis Test Post-Loper-Bright

When the United States Supreme Court junked the 40-year-old Chevron doctrine this past term in its Loper Bright decision, many in the legal community were wondering what the fallout would look like. Loper Bright liberated courts to freshly interpret statutes and eschew deference to agency interpretations, setting the stage for a flood of rulings invalidating regulations across the administrative state. A prime candidate for attack: the Department of Labor’s “Minimum Salary Rule.”

By |2024-09-19T15:56:18-05:00September 13th, 2024|Comments Off on Employment Alert – The FLSA’s Salary-Basis Test Post-Loper-Bright

Proposed OSHA Heat Safety Regulations: What Employers Need to Know

Since 2022, the Occupational Safety and Health Administration (OSHA) has been focused on heat-related hazards and possible heat-related injuries and illnesses in indoor and outdoor workplaces. OSHA recently proposed workplace regulations designed to protect workers from heat-related illnesses and fatalities, specifically.

By |2024-07-25T16:35:46-05:00July 25th, 2024|Comments Off on Proposed OSHA Heat Safety Regulations: What Employers Need to Know

Former USPTO Directors Urge Reconsideration of Proposed Terminal Disclaimer Rule

Five former Directors of the U.S. Patent and Trademark Office recently called on current USPTO Director Kathi Vidal to withdraw proposed changes to terminal disclaimer rules 37 CFR 1.321(c) and (d) (89 FR 40439). What do they mean? Why is this significant?

By |2024-07-17T12:31:27-05:00June 21st, 2024|Comments Off on Former USPTO Directors Urge Reconsideration of Proposed Terminal Disclaimer Rule

Employment Alert – Class Action Waivers to Become Unlawful Under Proposed Law

The U.S. House of Representatives recently introduced and is expected to pass the PRO Act, which has been described by some as “a historic proposal that restores fairness to the economy” and, by others, “a union boss wish list.”

By |2024-06-18T16:05:24-05:00July 20th, 2021|Comments Off on Employment Alert – Class Action Waivers to Become Unlawful Under Proposed Law

Employment Alert – DOL Issues New Guidance in Distinguishing Between Employees and Independent Contractors

Whether particular workers are properly classified as employees or independent contractors is a common challenge for employers and poses a host of costly legal risks.

By |2024-06-18T16:07:13-05:00July 20th, 2021|Comments Off on Employment Alert – DOL Issues New Guidance in Distinguishing Between Employees and Independent Contractors
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