July 17, 2024
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Category: Labor Relations

Fifth Circuit Rules NLRB Erred in Changing Employee Misconduct Standard

The U.S. Court of Appeals for the Fifth Circuit has ruled that the National Labor Relations Board (NLRB) violated an employer’s due process rights by reinstating a worker-friendly misconduct standard without giving the employer an opportunity to express its views. The court’s July 9 ruling in Lion Elastomers, L.L.C. v. NLRB ordered the NLRB to set aside a standard that considered...
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July 11, 2024
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Category: Agency Enforcement

Texas Federal Court Temporarily Blocks FTC’s Controversial Noncompete Rule

The U.S. District Court for the Northern District of Texas issued an order temporarily blocking the Federal Trade Commission from enforcing its controversial new noncompete rule against the U.S. Chamber of Commerce and the other plaintiffs who filed a lawsuit to invalidate it. The rule prohibits most noncompete agreements that restrict workers from taking a new job or starting a...
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July 02, 2024
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Category: FLSA

DOL’s Overtime Rule Takes Effect as Federal Court Blocks Enforcement Against Texas

The first phase of the U.S. Labor Department’s recent revisions to its overtime regulations for executive, administrative, and professional employees went into effect July 1, 2024. DOL’s final rule increased the minimum salary level from $684 per week to $844 per week (equivalent to an annual salary of $43,888) on July 1, 2024, and to $1,128 per week (equivalent to an annual...
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June 24, 2024
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Category: Disability, Accommodations, and Leaves

Federal Courts Reach Different Opinions in PWFA Pregnancy Accommodation Cases

Two federal district courts considering challenges to regulations implementing the Pregnant Workers Fairness Act (PWFA) have reached different conclusions regarding the statute’s application to workers having elective abortions. The regulations, issued by the Equal Employment Opportunity Commission (EEOC), took effect June 18, 2024. In the first case, Tennessee v. EEOC (E.D. Ark. June 14, 2024), a federal district court in Arkansas...
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June 12, 2024
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Category: Affirmative Action and Diversity

Eleventh Circuit Halts Program Awarding Business Grants Only to Black Women

In another potential setback for corporate programs designed to enhance diversity, equity, and inclusion (DEI), a federal appeals court has told a lower court to halt a contest open only to Black women, pending a decision on whether it passes constitutional muster. A split three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit made the ruling June...
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June 05, 2024
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Category: DOL

DOL Claims Manufacturer Is Jointly Liable for Child Labor Violations Committed by Its Supplier

The U.S. Department of Labor recently filed a lawsuit alleging that an auto manufacturer is jointly liable for child labor violations committed by one of its suppliers and the supplier’s staffing company. In its complaint, DOL alleges that the auto manufacturer is so interrelated with its supplier that it is an integrated employer for liability purposes under the Fair Labor Standards Act...
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June 03, 2024
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Category: Discrimination and Harassment

Red State AGs Are Challenging the Constitutionality of the EEOC

The Republican Attorneys General from several states have filed two federal lawsuits challenging actions of the U.S. Equal Employment Opportunity Commission on grounds that its structure is unconstitutional. On April 25, 2024, Tennessee and 16 other states filed suit in the U.S. District Court for the Eastern District of Arkansas challenging the EEOC’s final substantive regulations implementing the Pregnant Workers...
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May 29, 2024
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Category: Agency Enforcement

EEOC Sues Multiple Employers for Failing To File EEO-1 Reports

The U.S. Equal Employment Opportunity Commission has sued 15 employers in 10 states for failing to file mandatory annual EEO-1 reports for a period of several years. The EEOC announced this unprecedented move in a May 29, 2024, press release. The employers include companies from the retail, construction, restaurant, manufacturing, logistics, and service industries. In each case, the EEOC is...
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May 23, 2024
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Category: Compliance Reporting and Recordkeeping

DOL’s Brief to Ninth Circuit in EEO-1 Data FOIA Litigation Defends Nondisclosure

The Office of Federal Contract Compliance Programs (OFCCP) should not be required to disclose the EEO-1 data of federal contractors that objected to the data’s release, the Labor Department told a federal appellate court in a brief filed May 9, 2024. In Center for Investigative Reporting v. U.S. Department of Labor, the U.S. District Court for the Northern District of...
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May 20, 2024
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Category: Discrimination and Harassment

Group of “Red” State AGs Files Challenge to EEOC’s New Harassment Guidance

Republican Attorneys General from 18 states filed a lawsuit May 13, 2024, challenging several provisions of workplace anti-harassment guidance  issued last month by the U.S. Equal Employment Opportunity Commission. Tennessee v. Equal Employment Opportunity Commission, filed in the U.S. District Court for the Eastern District of Tennessee, focuses on the provisions that relate to sexual orientation and gender identity (SOGI)...
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