Good Riddance, Chevron Deference

Skip Sperry December 21, 2024Blog Leave a Comment

In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overruled the Chevron deference doctrine, which had guided judicial deference to federal agency interpretations of ambiguous statutes for nearly 40 years.

The Chevron deference doctrine emerged from the U.S. Supreme Court’s 1984 decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. It established a two-step framework for courts to follow when reviewing federal agency interpretations of ambiguous statutes:

Step One: Courts must determine whether the statute is clear.

Activist NLRB Shockingly Overturns 76-Year-Old Precedent

Skip Sperry November 22, 2024Blog Leave a Comment

On November 13, 2024, the National Labor Relations Board (“NLRB”) issued a landmark decision prohibiting employers from holding mandatory meetings to discuss their views on unionization, commonly known as “captive audience meetings.” This ruling overturns a 76-year-old precedent established in the 1948 Babcock & Wilcox Co. case, which permitted such meetings under the National Labor Relations Act (“NLRA”).

Historically, employers have utilized captive audience meetings as a tool to communicate their perspectives on unionization to employees during work hours.

NLRB Weighs in on Stay-or-Pay Agreements

Skip Sperry October 15, 2024Blog Leave a Comment

In a recent move following the McLaren Macomb case, the National Labor Relations Board (“NLRB”) general counsel (“GC”) issued guidance on October 7, 2024, indicating that “stay-or-pay” clauses may violate labor laws.

Key Points

The GC’s memo warns employers that employment terms requiring employees to stay for a set time or repay certain expenses could be illegal.
The GC plans to seek broader remedies for overly broad noncompete and stay-or-pay agreements.

Introducing the New Form I-9

Skip Sperry August 21, 2023Blog Leave a Comment

In a move aimed at streamlining and modernizing the employment verification process, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, the Employment Eligibility Verification form, on August 1, 2023. This updated form, with an edition date of 08/01/23, replaces the previous edition from 2019 (dated 10/21/19). The alterations mark a significant shift in the way employers verify the eligibility of their employees to work in the United States.

NLRB’s Landmark Decision Reshapes Employer Work Rules: Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113, 2023)

Skip Sperry August 17, 2023Blog Leave a Comment

In a pivotal move that again reshapes the landscape of employer-employee relations, the National Labor Relations Board (NLRB) recently issued a significant decision in the case of Stericycle, Inc. and Teamsters Local 628. This ruling (372 NLRB No. 113, 2023) ushers in a new era for evaluating employer work rules and policies, marking a departure from previous standards and a notable shift toward prioritizing employee rights. In Stericycle, the Board reviewed the decision of an administrative law judge who found that the Respondent violated Section 8(a)(1) by maintaining certain rules for its employees that addressed personal conduct,

Noncompete Agreements Under Siege

Skip Sperry June 13, 2023Blog 1 Comment

There has always been a tension between two important competing principles that underlie American law when it comes to noncompete agreements. First, is the freedom to contract, which gives individuals the right to bargain with others over nearly any topic and come to a good, bad, or indifferent deal. For example, employers argue that they should have the right to contractually protect their trade secrets and the time and investments they make in developing customer relationships and goodwill.

U.S. Supreme Court Landmark Decision

Skip Sperry June 16, 2020Blog Leave a Comment

Yesterday, June 15, 2020, the United States Supreme Court issued a decision in Bostock v. Clayton County, Georgia (and two other consolidated case) that has been highly anticipated in the business community for years. The issue: Does Title VII of the Civil Rights Act of 1964 prohibit discrimination based on sexual orientation and gender identity? In a 6-3 ruling, Trump-appointed Justice Neil Gorsuch wrote the majority opinion answering this question, “YES.”

DoL Provides FAQ and Poster for the New FFCRA

Skip Sperry March 26, 2020Blog Leave a Comment

The Department of Labor has issued guidance on the new Families First Coronavirus Response Act (“FFCRA”) as well as a mandatory poster which must be displayed conspicuously in the workplace. While the Act was set to go into effect fifteen days after the President signed it, which would have been April 2, 2020, the DoL has made it effective as of April 1, 2020. Since March 17, 2020, when we wrote about the House passing its version of the FFCRA,

(COVID-19) Governor Brad Little Issues Stay at Home Order

Skip Sperry March 26, 2020Blog Leave a Comment

The order announced earlier today by Governor Little has now been issued. In a nutshell, it orders all Idaho citizens to self-isolate for a period of 21 days from today (April 15, 2020). Exceptions to this order include the provision of “certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing.” All bars, nightclubs, gyms, and recreation facilities have been ordered to close.

WARNing: COVID-19

Skip Sperry March 18, 2020Blog Leave a Comment

In recent weeks we have received numerous calls related to various employment issues involving the latest coronavirus, COVID-19. Issues range from wage and hour to safety. This article will focus on the Worker Adjustment and Retraining Notification Act (“WARN”), 29 U.S.C. §2101 et seq.

WARN requires, with some exceptions, sixty days advance written notice before a plant closing or mass layoff at any single site. Liability for noncompliance may include pay and benefits for 60 days,

» Read more about: WARNing: COVID-19 »

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