The National Labor Relations Board (“NLRB”) issued a decision finding that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to attend meetings in which the employer expresses its views on unionization. The decision, Amazon.com Services LLC, was issued on November 13, 2024 and overruled precedent dating back to 1948.
Under the…
On Friday, November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor’s final rule issued in April 2024 that increased the minimum salary requirements for the Fair Labor Standards Act’s white-collar overtime exemptions. Judge Sean D. Jordan found that the DOL lacked the statutory authority under the FLSA to…
In Pennsylvania, fall is in full swing, football season is hitting its stride and Thanksgiving is just around the corner. What is on the menu for employers as the fall turns to winter? Maybe some more restrictions on marijuana testing in the workplace? Medical Marijuana is legal in PA and if you listen to the…
On Tuesday, August 20, 2024, a federal judge in Texas set aside the Federal Trade Commission (“FTC”) Rule banning the use of noncompete agreements in employment, which was set to take effect on September 4, 2024. The judge held that the FTC exceeded its statutory authority in making the Rule, and that the Rule violated…
With a presidential election just around the corner, employers can expect to see an uptick in political discussions in the workplace, if they haven’t already. The days when coworkers typically refrained from discussing politics and religion have passed. However, what is permitted and required of employers with respect to politics in the workplace these days…
On July 17, 2024, Pennsylvania passed a new law concerning noncompete agreements within the healthcare industry, which is known as the Fair Contracting for Health Care Practitioners Act (the “Act”). The Act will take effect on January 1, 2025, and brings significant changes impacting how noncompete agreements can be used and enforced within healthcare industry.…
A jury will consider a former teacher’s (Mr. Moorehead) First Amendment claim against his former employer, a Pennsylvania School District (the “District”). The claim arose from Mr. Moorehead’s attendance at the “Stop the Steal” rally on January 6, 2021, and his subsequent separation from employment with the District.
Mr. Moorehead traveled down to Washington…
In April, we wrote about the U.S. Department of Labor’s new regulations set to take effect on July 1, 2024. These new regulations significantly increase the minimum salary required for employers to meet the Fair Labor Standards Act’s white-collar overtime exemptions.
A number of legal challenges were filed seeking to block the new regulations…
On June 24, 2024, a federal judge in Texas issued a nationwide injunction to block parts of the Department of Labor’s recent regulations updating Davis-Bacon prevailing wage requirements on federally funded construction projects. The preliminary injunction prevents the DOL from enforcing three provisions of the updated regulations while the litigation proceeds.
Although the preliminary injunction…
The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for evaluating the right to injunctive relief, and requires courts to analyze four factors before issuing a preliminary injunction to restrict an…
