Labor & Employment - Private Articles

New Year, New Annual Reporting Requirements for All Entities Registered with the Pennsylvania Department of State: As we ring in the New Year, businesses and organizations formed or registered to do business in Pennsylvania are now obligated to submit an Annual Report to the Pennsylvania Department of State.

The Court granted a nationwide preliminary injunction to prohibit the government’s enforcement of the CTA throughout the country. However, as there is no harm in making the filings with FINCEN and as there is some question as to the legal authority of the Court’s nationwide injunction, we suggest reporting companies at least consider proceeding with and finalizing such Beneficial Ownership Information filings prior to January 1, 2025.

On November 15, 2024, a federal judge in Texas effectively blocked a Department of Labor (DOL) rule that would have made about 4 million more salaried workers eligible for overtime pay.

On November 8, 2024, the National Labor Relations Board (NLRB) overturned almost 40 years of precedent in its decision, Siren Retail Corp d/b/a Starbucks. This decision overruled Tri-Cast, Inc., 274 NLRB 377 (1985) and reshaped the test utilized in determining the lawfulness of employer communications to employees concerning unionization efforts.

On August 23, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s “80/20” rule, which involves tipped wages covered by the Fair Labor Standards Act.

On Tuesday, August 20, 2024, a federal court issued a nationwide injunction against the Federal Trade Commission, precluding it from enforcing its April 23, 2024 final rule purporting to ban non-compete agreements against most employees in the United States.

Texas court puts FTC's noncompete ban on hold as of July 3, 2024.

On April 23, 2024, the Federal Trade Commission (FTC) released its final rule concerning non-competition agreements, which has broad and sweeping implications.

On April 23, 2024 the Department of Labor (DOL) announced a final rule that will increase the current salary threshold required to be exempt from overtime, effective July 1, 2024.

On January 10^th, the U.S. Department of Labor (DOL) released its final rule changing the criteria for how it will classify workers moving forward. This final rule will go into effect on March 11, 2024 and will have a major impact on the gig economy.

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule addressing the standard for determining joint-employer status.

On September 29^th, the Equal Employment Opportunity Commission (“EEOC”) proposed updated guidance on workplace harassment. If finalized, the guidance would demonstrate how the EEOC would pursue workplace harassment claims against employers moving forward.

On August 25^th, 2023, the National Labor Relations Board (NLRB) issued a major decision that details a new standard for determining when employers are required to recognize and bargain with unions without a representation election.

The NLRB adopted a new standard for how it will evaluate workplace policies (commonly found in employee handbooks) to determine whether such policies interfere with or infringe upon employees’ rights to engage in protected activities.

While the Court clarified the meaning of “undue hardship,” it still left employers without clear guidance as to when exactly a request for religious accommodation may be denied. However, the Court provided a number of points that employers should keep in mind.