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On October 16, 2024, the U.S. Department of Labor (“DOL”) released an updated Artificial Intelligence (“AI”) resource for employers, as well as developers, to assist them in avoiding potential harms to workers due to the use of AI and other technology. The document details practices and principles that employers may use to avoid concerns that could arise through the use of AI, and ways to avoid discriminatory or unfair treatment of employees.Continue Reading US Department of Labor Reissues and Expands on Its AI Guidance for Employers

On June 28, 2024, the Supreme Court overruled its 1984 Chevron decision, which required federal courts to defer to administrative agencies’ interpretations of ambiguous statutes. Under the new rule, announced in Loper Bright Enterprises v. Raimondo, courts reviewing an agency action must independently decide whether an agency’s interpretation of an ambiguous statute is correct. However, when a statute delegates discretionary authority to an agency, courts must respect that delegation, while making sure that the agency acts within its delegated authority. The Loper Bright decision is a big win for businesses and other organizations who believe that federal agencies – including workplace agencies like the Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission – have too much power.Continue Reading U.S. Supreme Court Undermines Federal Agency Authority, With Impact on the Workplace

As most employers (hopefully) know, the U.S. Department of Labor issued a final rule that will significantly increase the salary threshold for the exemptions from the Fair Labor Standard Act’s minimum wage and overtime requirements, as discussed in our April 24, 2024 E-lert. Consistent with the now-standard practice in response to pretty much any regulation issued by any federal workforce agency, three lawsuits have been filed to enjoin the rule from taking effect on the scheduled date of July 1, 2024. In Texas, of course. Because those Texas federal courts have been notoriously unfriendly to federal agency actions. But those three lawsuits are pending before three different judges…Continue Reading Three Overtime Rule Lawsuits, Three Judges – What Now?

On May 16, 2024, the U.S. Department of Labor issued principles for employers (and developers) on the use of AI in the workplace. And unsurprisingly, given the Biden Administration’s pro-worker approach to employment issues, the “North Star” of these principles is the involvement of workers and their representatives in the implementation of AI in the workplace.Continue Reading The DOL’s AI Principles for Employers – An Emphasis on Worker Rights

On Tuesday, April 23, 2024, the United States Department of Labor (DOL) released a final rule raising the salary thresholds to qualify for overtime exemptions under the Fair Labor Standards Act (FLSA). The rule will become effective on July 1, 2024.Continue Reading DOL Significantly Increases Salary Threshold for Overtime Eligibility

A recent New York Times article highlighted the use and, frankly, abuse of Training Repayment Agreement Provisions (TRAP – oooooh, good acronym!), also known as stay-or-pay provisions. Under a TRAP, if an employee leaves their job before a certain specific amount of time has passed, they are required to pay back monies ostensibly tied to the costs of training, or finding a replacement, or even lost profits. The use of TRAPs appears to have significantly increased in recent years, and the Biden Administration is paying attention – and it is not happy.Continue Reading “Stay-or-Pay”? A Potential TRAP for Employers!

Once upon a time, employees in all states but Montana (always bucking the establishment!) were presumed to be employed at-will, absent some sort of employment agreement (e.g. individual contract for a term, a collective bargaining agreement, policies that contemplate termination for cause, etc.). That means that either the employer or the employee may terminate the employment relationship at any time, for any or even no reason (as long as it’s not illegal – like, say, discrimination or retaliation). And so our well-meaning but foolish Employer is terribly excited by that principle because they want to get rid of an Employee. But … as with all good fairy tales, there is a dark side.Continue Reading At-Will Employment Is a Fairy Tale…

Once again we are poised on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them. The last time this happened in 2018, we provided a summary of the shutdown contingency plans for the major employment-related agencies – the Department of Labor (DOL) (which includes the Occupational Safety and Health Administration (OSHA), the Wage-Hour Division (WHD) and the Office of Federal Contract Compliance Programs (OFCCP)), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC).  So we thought we’d provide you with an updated summary of these plans, which set forth what will happen if there is an actual shutdown.Continue Reading EEOC, NLRB and DOL Shutdown Contingency Plans – The 2023 Edition