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.

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,

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 »

Federal Families First Coronavirus Response Act

Skip Sperry March 17, 2020Blog Leave a Comment

On March 14, 2020, the House of Representatives passed House of Representatives Bill 6201, the Families First Coronavirus Response Act. The day before, President Trump tweeted his support of the bill, saying he would sign it when received. The Senate will likely vote on its version of the bill sometime this week.

As passed by the House, the bill temporarily amends the Family and Leave Act, provides emergency paid sick leave,

New Overtime Rule Effective January 1, 2020

Skip Sperry December 10, 2019Blog 1 Comment

On September 24, 2019, the Department of Labor announced its final updates to the “white collar” overtime exemption rules. These new rules go into effect on January 1, 2020. These rules affect, among others, administrative, executive, and professional employees who may be exempt from overtime payments if certain conditions are met. The updates to the exemption conditions include:

Raising the standard salary condition from $455 per week to $684 per week ($35,568.00 per year for full time workers);

U.S. Department of Labor Updated FMLA Forms (Finally)

Skip Sperry September 5, 2018Blog Leave a Comment

The Department of Labor has now updated its FMLA forms that expired, by their own terms, on May 31, 2018. Because it was late, the DoL extended the viability of the old forms through June 2018 and then through August 2018. Apart from the new expiration date on the forms, there does not appear to be any substantive change to the forms, which begs the question: Why did it take so long? In any event,

Federal Court Invalidates DoL’s Proposed Overtime Rule

Skip Sperry September 6, 2017Blog Leave a Comment

In November 2016, a federal district court in Texas granted a preliminary injunction against the imposition of the Department of Labor’s effort to change the white collar exemptions to overtime rules. The rule would have effectively doubled the salary requirement to maintain an exemption: from $455 per week to $913 per week.

The DoL appealed the injunction, but on August 31, 2017, it lost its appeal on summary judgment. Further, and more importantly,

H.R. 6030 “Pay Equity for All Act of 2016” Introduced in the House

Skip Sperry September 16, 2016Blog Leave a Comment

On September 14, 2016, Eleanor Norton (D.C. Representative) introduced H.R. 6030 to the House of Representatives, and that bill was referred to the Committee on Education and the Workforce. The bill would amend the Fair Labor Standards Act (“FLSA”) by adding the following new Section 8:

Sec. 8. Requirements and prohibitions relating to wage, salary and benefit history

It shall be an unlawful practice for an employer to—

(1) screen prospective employees based on their previous wages or salary histories,

New Overtime Rules Released

Skip Sperry May 18, 2016Blog 5 Comments

This morning, the Department of Labor released its final rule regarding the White Collar Exemptions. I am still working through the over 500 page document but post now to share a few of the most important details.

The new rule is expected to affect over 4 million workers in the United States, who will now be eligible for overtime unless their compensation is restructured. The rule goes into effect on December 1,

President Obama’s U.S. Supreme Court Nominee Shows Consistent Deference to Employment Agencies

Skip Sperry March 16, 2016Blog Leave a Comment

Today, President Obama nominated Merrick B. Garland as his choice to fill the U.S. Supreme Court vacancy left by the recent death of Justice Antonin Scalia. Chief Judge Garland was appointed to the U.S. Court of Appeals for the District of Columbia by President Clinton in 1997 and became Chief Judge on February 12, 2013. He received wide, bipartisan support for his nomination to the U.S. Court of Appeals. Seven of the Republican Senators who voted for his 1997 nomination still serve in the U.S.

Page 1 of 3
1
2
3
→