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On Tuesday, July 23, 2024, Eastern District of Pennsylvania Judge Kelley Brisbon Hodge declined to enjoin application of the FTC’s administrative rule banning the majority of non-competes in the country (the “Rule”) when she denied ATS Tree Services, LLC’s (“ATS”) motion for a stay and a preliminary...
Alexander Reich’s WISE (Workplace Initiatives and Strategies for Employers) blog post, “Key Illinois Employment Law Changes Taking Effect July 1, 2024,” was published in the Summer 2024 issue of the Illinois Mechanical & Specialty Contractors Association’s Substance publication. The article outlines...
In an interview with Commercial Property Executive, Damon Juha discusses the growth of multistory industrial facilities. He believes that given the increased construction costs necessary to acquire, design, entitle and develop a multistory industrial facility, there are only so many investors that...
10:30 a.m. - 11:30 a.m. "Conducting Effective Workplace Investigations" Presented by Saul Ewing LLP This program will highlight best practices for conducting effective investigations of complex employment matters, including discrimination or harassment, safety issues, and suspected theft or misuse...
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’...
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 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority to interpret statutes, a powerful check on administrative agency authority...
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...
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...