DOL Proposal Aims to Expand Overtime Eligibility for Millions: Impact on Employers and Opportunities for Proactivity

The U.S. Department of Labor (DOL) has put forth a proposal that has the potential to reshape the overtime eligibility landscape for millions of employees nationwide. The proposed revision to the Fair Labor Standards Act (FLSA) regulations aims to add an additional 3.6 million employees to the cohort entitled to receive overtime payments. This considerable…

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Federal Shutdown’s Impact on Labor Law Enforcement Agencies Looms Large

The impending federal government shutdown, as lawmakers seem unable to reach an agreement on funding, brings pressing concerns into sharp focus, primarily for federal employees and agencies, whose operations are poised to be significantly disrupted. This potential government shutdown would be the first such instance since the 35-day shutdown that stretched from December 22, 2018,…

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California Labor Law Developments: Unraveling the 2023 Legislative Chess Game

In recent years, labor and employment laws have been a frequent topic of legislative activity in California, with the latest session proving to be no exception. The 2023 California Legislative session, a heated forum concluding on September 14, 2023, witnessed numerous developments on multiple fronts of labor and employment-related legislation. With a fixed timeline till…

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Navigating the AI Adoption Hurdle: Legal Professionals Advise on Best Practices

A recent study published by Pew Research Center indicates that public discomfort with artificial intelligence tech continues to be a significant barrier for businesses aiming to integrate this technology into their operations. Therefore, it is crucial that legal professionals develop and implement best practices encouraging responsible AI use within their organizations, as suggested by Stephanie…

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Expanding Human Rights Law: New York Ensures Gender Identity and Expression Protections for Interns

Recently, New York State has witnessed significant changes in labor and employment law. Governor Kathy Hochul authorized several critical amendments, leading to notable revisions to the state’s Human Rights Law. A brief recap of these significant legislative developments follows. In a decisive stride to safeguard interns’ rights, Governor Hochul signed a bill to extend protections…

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Navigating ERISA Challenges: A Comprehensive Guide to Employee Benefit Plan Wellness Checks

Operating within the complexities of the Employee Retirement Income Security Act of 1974 (“ERISA”) can pose significant challenges for plan sponsors. Unlike traditional labor and employment considerations, ERISA’s fiduciary standards may appear more stringent for those involved in making corporate decisions. As ERISA has continued to broaden its reach, it could be argued that it…

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EEOC and DOL Unite to Streamline Workforce Discrimination and Wage Disparity Investigations

In an effort to improve inter-agency coordination, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Wage Hour Division (WHD) have begun aligning their efforts, as evident in a recent Memorandum of Understanding between the two. This alliance is set to have significant implications on employers with a complexion of information sharing,…

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Australia’s “Positive Duty”: A Seven-Step Framework for Compliance and Inclusive Workplaces

When the Australian parliament passed the Anti-Discrimination and Human Rights Legislation bill late last year, it introduced an innovative requirement for employers termed as “Positive Duty”. According to the new provisions, employers are not only expected to respond to incidents of sexual harassment and discrimination at the workplace, but also take proactive steps towards preventing…

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Navigating the Complex Realm of Labor and Employment Law at the 27th Annual Hinshaw & Culbertson Seminar

The 27th Annual Labor & Employment Seminar is set to take place on October 19th in Hoffman Estates, IL. The seminar, tailored exclusively for lawyers and human resources professionals, is an initiative by Hinshaw & Culbertson LLP. The annual seminar attracts participants from some of the world’s largest corporations and reputed law firms, offering them…

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California’s SB 699: The Impact on Employers Using Restrictive Covenants and Noncompetition Agreements

Employers using restrictive covenants, particularly noncompetition agreements, face potential liability due to a new law set to take effect in California on January 1, 2024. According to JD Supra, this law, Senate Bill 699, recently signed by Governor Newsom, may put employers at risk, even if an employee entered into such agreements outside California, in…

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Trusting the Journey: Lisa Kathumbi’s Rise to Office Managing Partner at Littler Mendelson

In a recent piece featured on Law.com, Office Managing Partner Lisa Kathumbi of Littler Mendelson, a renowned labor and employment law firm, shared insights into her professional journey, underscoring the notion of trusting the process. The article highlights how each moment and opportunity offers learning potentials, a theme central to Kathumbi’s career evolution and ascendance…

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Proposed Regulations Shed Light on Wage and Apprenticeship Requirements in Inflation Reduction Act of 2022

The U.S. Treasury Department and Internal Revenue Service (IRS) have recently issued proposed regulations concerning the prevailing wage and apprenticeship requirements per the Inflation Reduction Act of 2022. More details can be found here. The drafted regulations adopt the Department of Labor’s published rates for prevailing wages pertinent to the type of construction within the…

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Colorado CDLE’s Unpublicized INFO Sheet Updates: A Silent Risk for Employers

It is essential for all corporate legal professionals, specifically those in Colorado, to stay abreast with the latest regulatory modifications and interpretations. A crucial tool in this context are the INFO sheets disseminated by the Colorado Department of Labor and Employment (CDLE). These documents provide guidance on the CDLE’s interpretation of relevant labor and employment…

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Proposed Rulemaking Seeks Over 50% Increase in Salary Threshold for Overtime Exemptions

The U.S. Department of Labor (DOL) has recently issued a Notice of Proposed Rulemaking, a legislative move that could potentially see a significant increase in the minimum salary threshold required to qualify for the overtime exemptions for executive, administrative, and professional (EAP) workers under the Fair Labor Standards Act (FLSA). JD Supra reports that the…

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