Court Greenlights Anti-Retaliation Rules

By Pat Miller On November 28, 2016, the US District Court for the Northern District of Texas denied a request to issue a preliminary injunction prohibiting the enforcement of OSHA’s anti-retaliation rules.  With this ruling, OSHA is free to enforce these rules pending a final resolution of the case.  In a nutshell, the new rules, […]

Salary Change Stopped – Now What?

By Bill Wright A federal court has ruled that the U.S. Department of Labor might have overstepped its boundaries by implementing a salary threshold of $913 a week for executive, administrative and professional exemptions. But if you have been planning to comply with the regulation by next Thursday, what are you supposed to do about […]

Salary Threshold Change Stopped

By Bill Wright The U.S. District Court for the Eastern District of Texas has temporarily enjoined the Department of Labor’s new salary threshold test for executive, administrative and professional employees. The court found that the terms – executive, administrative and professional – had functional meanings but did not imply any particular salary or status. The […]

NLRB v. Holiday Cheer

By Beth Ann Lennon Tis the season – just don’t ask your employees to be cheerful about it.  As we go into the holiday season employers should proceed with caution in instructing employees to be cheerful.  A former Trader Joe’s employee who was terminated when he refused to smile and greet customers has filed a […]

Persuader Rule Permanently Benchslapped

By John Alan Doran Today a federal judge entered a permanent injunction preventing the DOL from implementing its so-called “Persuader Rule”, which created substantial disincentives for the use of persuaders and attorneys during a union organizing campaign.  National Federation of Independent Business, e  al. v. Perez, No. 5:16-cv-00066-C (N.D. Tx. Nov. 16, 2016).  We previously […]

Trump Win=Ethics Unchained?

By Bill Wright Imagine a corporate code of ethics that stated explicitly the company would not punish any employee for providing company information to the SEC, OFCCP, EEOC or NLRB. Imagine that every waiver agreement included the provision that the former employee could still volunteer company documents to the SEC and vie for a Dodd-Frank […]

Trump Win=Ivankas Social Policy?

By Bill Wright When DJ Trump’s daughter introduced him at the party convention, she announced (to more than a few gasps) that DJ would “work for equal pay for equal work,” and that she would “fight for this too, right along side of him.”  Of course, VP-elect Pence wasn’t on stage at the time, but […]

Arizona Paid-Leave Trickery

By John Alan Doran During the election cycle, Arizona voters were treated to ads featuring adorable families hit hard by the current minimum wage.  We were asked to vote for Prop. 206 to raise the minimum wage incrementally until it reaches $12.00 an hour by the year 2020—a not-so-unreasonable request when fast-food workers are demanding […]

Trump Win = Paid Maternity Leave?

By Bill Wright In the first of our “Trump Win =” blogs, we explore a recent Trump campaign promise, and a surprising one at that.  In September, then-candidate Trump announced that he would support the creation of a six-week paid maternity leave.  The leave would be available only to new mothers, and only in instances […]

Antitrust Pitfalls for HR

By Mercedes Pineda HR professionals and others involved in hiring and compensation decisions might be violating antitrust laws.  HR professionals must take special care not to enter into “agreements” with competing companies about the terms of employment, in particular any agreements about what wages to offer or agreements not to poach each other’s employees.  Even […]