On January 21, 2025, the White House announced an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructs federal agencies to take administrative and legal action against diversity, equity, and inclusion (“DEI”) programs, which it defines as systems of race- and sex-based preferences. The Order is directed at both public- and
Supreme Court Clarifies Standard of Proof for FLSA Exemptions
On January 15, 2025, the United States Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, holding that the “preponderance of the evidence” is the applicable standard courts must use to analyze whether an exemption is proper under the Fair Labor Standards Act (FLSA). In practical terms, this means employers must…
Key Changes for Oregon, Washington, and California Employers in 2025: What You Need to Know
- Paid Leave Oregon Clarification: Employees can now use Paid Leave Oregon benefits to attend legal proceedings related to foster care
NLRB waters down management rights in latest union-friendly Board decision, but potential Republican Board majority in early 2025 may turn the tide toward employers
Since 2019, employers have relied heavily on the management rights clauses in collective bargaining agreements to make unilateral workplace changes involving operational decisions. They did so with the protection of the “contract coverage” standard established by the National Labor Relations Board (“Board”) in the 2019 case MV Transportation Inc., 368 NLRB No. 66, where…
Federal Court Grants Preliminary Injunction to Stop OFCCP Enforcement Action
On October 30, 2024, a Texas federal court issued a preliminary injunction to halt an enforcement action by the Office of Federal Contract Compliance Programs (OFCCP) against ABM Industry Groups, LLC, a federal contractor. This case, while directly impacting only one contractor, could have significant implications for the broader landscape of OFCCP enforcement through Administrative…
Navigating the Changing Landscape of Non-Compete Agreements: What Employers Need to Know
The recent federal court ruling that struck down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has given employers some relief, but it doesn’t mean non-competes are no longer under scrutiny. While the ruling prevents the FTC’s proposed ban from taking effect, state legislatures across the country have been tightening restrictions or imposing outright…
Federal Court strikes down FTC rule that would have banned non-competition agreements starting September 4
On Tuesday, August 20, a federal judge in Texas shot down the Federal Trade Commission’s rule banning noncompete agreements (“the Rule”) that was set to take effect September 4. This means that the FTC cannot enforce the Rule. As a result, enforceable non-competes currently in place remain enforceable, and businesses and workers are free to…
Navigating the Pregnant Workers Fairness Act – What Employers Need to Know
The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in effect since June 27, 2023, and the EEOC issued a final rule to implement the PWFA, which took effect on June 18, 2024.
Here’s what…
What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges
Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees. Read more below for further updates.
DOL Rolls Out Final Rule Increasing Minimum Salary For Exempt Employees
The U.S. Department of Labor (“DOL”) has rolled out its long-awaited update to the…
Employers Face June 1 Deadline to Inform Employees Whose Approved OFLA Leave Is Affected by Recent OFLA Amendments
As we previously advised, under Oregon Senate Bill 1515 (“SB 1515”) effective July 1, 2024, most of the Oregon Family Leave Act (“OFLA”)—including leave for the employee’s or a family member’s serious health condition—will sunset. (Pregnancy disability, sick child, and bereavement leave remain available under OFLA.) Employees may instead look to other applicable leave…