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On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly broad non-compete and non-solicitation clauses unduly restrict employees’...
This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the weight to be afforded to non-treating expert opinions and SSDI determinations...
Introduction Following the hottest June on record and with temperatures rising as we approach the dog days of summer, OSHA recently issued a long-awaited proposed rule creating standards for heat injury and illness prevention in outdoor and indoor settings (the “Proposed HIIP Rule”). Created...
The Supreme Court’s highly-anticipated decision in Loper Bright Enters v. Raimondo overturned decades-old precedent requiring courts under Chevron USA v. Natural Resources Defense Council, Inc. to defer to federal agency interpretations of an ambiguous statute. This ruling will have momentous...
According to the Equal Employment Opportunity Commission (EEOC), numerous factors increase the risk of harassment in the construction industry, including a relatively homogeneous workforce, pressure to conform to traditional stereotypes, decentralized workplaces, multiple employers at one worksite...
In a win for employers facing unfair labor practice charges, the Supreme Court’s holding in Starbucks v. McKinney makes it more difficult for the National Labor Relations Board (NLRB) to obtain Section 10(j) injunctions. Section 10(j) of the National Labor Relations Act (NLRA) provides the NLRB the...
On July 1, 2024, Governor Newsom signed legislation that makes significant changes to California's notorious Private Attorneys General Act (PAGA) to become effective immediately as an urgency measure. While the new provisions provide some welcome relief to employers, they did not repeal PAGA and...
As previously reported here, the U.S. Department of Labor (USDOL) issued its final rule providing that, effective July 1, 2024, the salary threshold under the Fair Labor Standards Act (FLSA) for the white collar overtime exemptions would significantly increase. Specifically, the final rule provides...
On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act (“NEPA”). NEPA is the most litigated federal environmental statute, and a...
An overview of labor and employment law cases and regulatory actions with implications for the higher ed workplace. The University of California has taken legal action against United Auto Workers Local 4811, which represents some 48,000 academic workers and graduate students across UC’s multiple...
This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company. The Saul Ewing Employee Benefits/ERISA Litigation Team Whether a provider has sufficiently pleaded the existence of a valid...
On July 1, 2024, three ordinances go into effect that will alter critical employment laws for Cook County and Chicago businesses. These three ordinances are: (1) the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, (2) the One Fair Wage Ordinance, and (3) the Cook County’s Minimum Wage...
Saul Ewing LLP, a full-service national law firm, is proud to announce that Partner Dan Altchek was selected for The Daily Record’s 2024 Employment Law Power List. This group is composed of the most significant, influential and respected practitioners in the employment law sector in Maryland. To...
Work/Life Balance For Working Parents: What Does The Law Provide? This virtual program will cover legal updates on labor and employment laws focusing specifically on workplace accommodations and leaves of absence supporting working parents, including the new Pregnant Workers Fairness Act (PWFA)...
A bipartisan group of representatives, led by Representatives Maria Elvira Salazar (R-FL) and Veronica Escobar (D-TX), have introduced an updated version of the Dignity Act (H.R. 3599) to fix what they call the nation’s fractured immigration system. The authors of the bill call it the first serious...
Under the recent Supreme Court Ruling of Muldrow v. City of St. Louis, employees no longer need to suffer “significant” harm to state a claim of discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Prior to the ruling, many lower courts had long required Title VII plaintiffs...