Labor & Employment News Alert

Supreme Court Places a “Tombstone” on Chevron Deference: What are the Implications for the NLRB?

June 28, 2024

On June 28, 2024, the Supreme Court issued a highly-anticipated decision in the twin cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, which will now make it more difficult for federal agencies to issue rules and regulations that aim to carry out statutory mandates of Congress. The 6-3 decision overrules the 1984 decision Chevron v. Natural Resources Defense…

TITLE VII IS NOW A GRIEVANCE STATUTE FOR EMPLOYEES

April 17, 2024

For years, federal courts have followed two mantras:  (1) employment statutes should not function as “general civility” codes in the American workplace; and (2) Title VII is not a vehicle for a court to serve as a super-personnel department weighing the prudence of employments decisions.  See, e.g., Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 68 (2006);  Morgan v. Mylan Pharms. Inc., No.…

Third Circuit Reminds Employers That Unions Can Review Portions of Asset Purchase Agreements

May 1, 2023

On April 20, 2023, the United States Court of Appeals for the Third Circuit issued an opinion, in Crozer Chester Medical Center v. NLRB, finding that two employers violated the National Labor Relations Act (“NLRA”) by refusing to produce portions of an Asset Purchase Agreement (“APA”) requested by a union. 

By way of background, Crozer-Chester Medical Center (“Crozer”)—a nonprofit healthcare…

Agencies Issue FAQs for Group Health Plans Regarding the End of the COVID-19 Emergency Periods

March 30, 2023

On February 2, 2023, we shared that the Biden Administration announced it plans to end the COVID-19 Public Health Emergency and the related National Emergency on May 11, 2023. (https://www.jacksonkelly.com/labor-employment-personnel-blog/preparing-group-health-plans-for-the-end-of-covid-19-emergency-periods.) Yesterday, the Departments of Labor (DOL), Health and Human Services (HHS), and the…

Fourth Circuit Underscores Burden of Proof for Intentional Discrimination

March 16, 2023

The Fourth Circuit issued a decision yesterday, reinforcing a plaintiff’s burden in employment discrimination cases.  In Balderson v. Lincare Inc., No. 21-1753 (4th Cir. Mar. 15, 2023), a three-judge panel reversed the trial court’s conclusion that Chandra Balderson’s termination from employment was the result of discriminatory animus based on her sex.  The trial court reached this conclusion after…

Holy moly! Employees who are paid $200,000 can get overtime!

February 22, 2023

Under the Fair Labor Standards Act (“FLSA”), the workforce is divided into two groups:  (1) hourly, non-exempt employees, who are entitled to overtime compensation for any time worked in excess of forty hours per week;  and (2) salaried, exempt employees who are not entitled to overtime compensation.  In order to classify someone as a salaried exempt employee, that person must be paid on a “salary…

Glacier Northwest: Does the NLRA Preempt State Tort Actions Against Unions?

January 25, 2023

Earlier this month, the Supreme Court received oral argument addressing the question of whether the National Labor Relations Act (“NLRA”) preempts a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute.  In one of the most highly-anticipated labor cases before the Court in decades, the justices will decide Glacier Northwest, Inc. v.…

Update on the Federal Trade Commission and Non-Competes

January 19, 2023

The Federal Trade Commission (the “FTC”) has been in the news lately regarding its proposed rule which would ban non-competes in a broad array of situations. In addition to its proposed rule, the FTC has recently issued a statement that it intends to vigorously enforce the Section 5's prohibition on unfair methods of competition. The FTC has recently taken legal action against three companies…

The Federal Trade Commission Moves on Non-Competes

January 6, 2023

The Federal Trade Commission Moves on Non-Competes

On January 5, 2023, the Federal Trade Commission (“FTC”) issued its proposed rulemaking on unfair methods of competition aimed at limiting the use of non-compete clauses between employers and employees.  The FTC’s action follows President Biden’s July 9, 2021 Executive Order on “Promoting Competition in the American Economy,” directing the FTC use…

A Closer Look at the Federal Legislation Precluding Arbitration of Sexual Harassment Claims

February 15, 2022

On February 10, 2022, Congress completed action on a significant, bipartisan reform of the Federal Arbitration Act. President Biden has already indicated his support for the bill, referred to as the “'Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” and is expected to sign it into law.

The bill will invalidate agreements to arbitrate sexual assault or sexual…

Families First Coronavirus Response Act Paid Leave Benefits Extended (sort of)

December 28, 2020

On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).  

To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…

In Landmark LGBT Case, SCOTUS Rules That Title VII Prohibits Gay and Transgender Discrimination

June 15, 2020

Today, the Supreme Court of the United States handed down a decision affecting the civil rights of employees nationwide. In Bostock v. Clayton County, Georgia, the Supreme Court held, in a 6-3 decision, that an employer who discharges an individual for being “homosexual or transgender” violates Title VII of the Civil Rights Act of 1964. The Court’s opinion, which can be accessed here, resolved…