ATTENTION EMPLOYERS: FIFTH CIRCUIT AFFIRMS DOL’S AUTHORITY TO SET SALARY THRESHOLDS FOR WHITE-COLLAR EXEMPTIONS
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit joined four other circuit courts upholding the U.S. Department of Labor’s (“DOL”) authority to set minimum salary thresholds for workers to qualify for the executive, administrative, and professional (“EAP”) exemptions from minimum wage and overtime rules under the Fair Labor Standards Act […]
ATTENTION NEW YORK EMPLOYERS: THE COUNTDOWN BEGINS FOR COMPLIANCE WITH THE RETAIL WORKER SAFETY ACT
UPDATES: The New York State Department of Labor released its Retail Worker Safety website, which includes a model policy, model training, and FAQs. On February 14, 2025, Governor Hochul signed an amendment to modify several provisions of the RWSA. Among the changes, the amendments: On September 4, 2024, Governor Kathy Hochul signed into law the New York Retail […]
ATTENTION NEW JERSEY EMPLOYERS: WHAT ARE YOUR OBLIGATIONS UNDER THE NEW JERSEY DATA PRIVACY ACT?
Earlier this year, New Jersey became one of a dozen states to have comprehensive data privacy laws soon to go into effect. The New Jersey Privacy Act (“NJPA”), effective January 15, 2025, aims to protect the personal data of New Jersey residents by imposing obligations on certain businesses and providing consumers with rights to control their […]
ATTENTION EMPLOYERS: PENNSYLVANIA FEDERAL COURT DECLINES TO STAY FTC RULE BANNING NON-COMPETES
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania rejected efforts by plaintiff ATS Tree Services LLC (“ATS”) to temporarily block the Federal Trade Commission’s (“FTC”) Final Rule banning most employment non-competition agreements. This was the second ruling on this issue this month: As we previously reported (HERE), a federal district […]
ATTENTION NEW JERSEY EMPLOYERS: HEAT UP YOUR SUMMER WITH HOT UPDATES ON THE NEW JERSEY LAW AGAINST DISCRIMINATION
Rising temperatures aren’t the only thing warming up the Garden State: The New Jersey Division on Civil Rights (“DCR”) recently issued two hot takes on the New Jersey Law Against Discrimination (“NJLAD”). On May 14, 2024, the DCR released guidance on the application of the NJLAD to out-of-state remote workers who are employed by New Jersey-based companies. Shortly […]
ATTENTION CALIFORNIA EMPLOYERS: PREPARE FOR THE RISE OF AI IN THE WORKPLACE WITH HIGHLIGHTS OF RECENT FEDERAL, STATE AND LOCAL DEVELOPMENTS
Recognizing that generative artificial intelligence (“AI”) is revolutionizing the way we live and work, regulators are introducing new guidelines to ensure that the benefits of AI are leveraged in compliance with existing law. On the federal level, the White House and U.S. Department of Labor (“DOL”) each released a series of new workplace AI guidance to […]
ATTENTION NEW YORK AND NEW JERSEY EMPLOYERS: PREPARE FOR THE RISE OF AI IN THE WORKPLACE WITH HIGHLIGHTS OF RECENT FEDERAL, STATE AND LOCAL DEVELOPMENTS
Recognizing that generative artificial intelligence (“AI”) is revolutionizing the way we live and work, regulators are introducing new guidelines to ensure that the benefits of AI are leveraged in compliance with existing law. On the federal level, the White House and U.S. Department of Labor (“DOL”) each released a series of new workplace AI guidance […]
ATTENTION NEW YORK EMPLOYERS: NEW YORK STATE’S PAID LACTATION BREAK REQUIREMENTS ARE NOW EFFECTIVE
As a reminder, New York State’s mandate to provide paid lactation breaks became effective this week. As of June 19, 2024, employers must provide paid 30-minute breaks to express breast milk – and allow employees to use other existing paid break time or meal time for any time needed in excess of 30 minutes – each time […]
ATTENTION EMPLOYERS: YOUR 3-STEP GUIDE TO THE EEOC’S UPDATED ENFORCEMENT GUIDANCE ON HARASSMENT IN THE WORKPLACE
UPDATE: On May 15, 2025, the U.S. District Court for the Northern District of Texas issued an order vacating portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) April 2024 Enforcement Guidance on Harassment in the Workplace related to LGBTQ+ protections. For additional information on the court’s decision, see HERE. The wait is over: Nearly a quarter century since […]
ATTENTION EMPLOYERS: HIGHLIGHTS OF THE EEOC’S FINAL RULE ON THE PREGNANT WORKERS FAIRNESS ACT
UPDATE: On May 21, 2025, in State of Louisiana, et al. v. EEOC, U.S. District Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana issued an order vacating a portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule implementing the Pregnant Workers Fairness Act (PWFA) to the extent […]