11.20.2024Not So Fast - Texas Court Derails DOL Rule Expanding Eligibility for Overtime PayOn November 15, a U.S. District Court in Texas put the brakes on the Department of Labor’s April 2024 Rule designed to make more employees eligible for overtime pay under the Fair Labor Standards Act. State of Texas v. United States Department of Labor; Plano Chamber of Commerce v. United States Department of Labor.
10.30.20242024 Election: How Labor Law Could Shift Under Trump or Harris LeadershipThe Presidential Election is upon us with many indicators predicting a close election. The two candidates and their respective party platforms offer opposing views on many major issues. While some issues play more prominently in the press than others, issues related to Labor Law feature two vastly divergent approaches. Since President Trump already has a track record on federal labor policy and Vice President Harris signals support for President Biden’s labor policy, here are three areas in Labor Law that will be sensitive to who takes the oath of office on January 20, 2025.
10.09.2024Three Strikes: Lessons Learned From The ILA, Autoworkers, & Actors StrikesNow that the ILA short-lived but eventful strike is over, it is important to understand what this strike and the two noteworthy strikes of last year by the Autoworkers and the Actors-Writers have in common and what we might learn from them. Technology. Or, to put it a bit more expansively, the march of advancing technology pitted against the anxieties over job loss. The Autoworkers’ union picketed in part because of job vulnerability due to the increasing market share of electric cars, which require a different process to manufacture. Actors and Writers protested the way artificial intelligence is affecting and will affect their work. The ILA struck in part due to the threat automation presents to their jobs on the docks. The strikes were all viewed as successful by the unions because of significant wage increases. But were they successful at stemming the tide of technology or have they just plugged the dam? Put another way, what can employers do to embrace technology while also embracing its employees and maintaining labor peace?
10.08.2024Should I Stay Or Should I Go: The NLRB Weighs InOn October 7, 2024, NLRB General Counsel Jennifer Abruzzo announced to her staff and the public that she intends to prosecute employers for “Stay-or-Pay” employment agreements, agreements that require a new employee to repay outlays for training if the employee leaves within a certain timeframe after being hired. The General Counsel reasons that such provisions are “presumptively unlawful” under Section 7 of the National Labor Relations Act, which protects the rights to unionize or engage in protected concerted activity, because they force employees to remain in jobs they would otherwise leave, or deter an employee from union activity so as not to risk termination and the repayment obligation.
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