Jackson Kelly PLLC

Labor & Employment News Alert

Labor law

Indiana Healthcare Employers Beware—Greater Protections for Physicians are on the Horizon

The Indiana General Assembly passed Senate Bill (SB) 7 on April 24, 2023, and it now heads to Governor Holcomb’s desk for signature. If signed into law, SB 7 would (i) ban noncompete agreements between a primary care physician and employer, (ii) render a noncompete agreement unenforceable upon certain events and (iii) specify a process by which a physician or employer may pursue mediation to…

Agencies Issue FAQs for Group Health Plans Regarding the End of the COVID-19 Emergency Periods

On February 2, 2023, we shared that the Biden Administration announced it plans to end the COVID-19 Public Health Emergency and the related National Emergency on May 11, 2023. (https://www.jacksonkelly.com/labor-employment-personnel-blog/preparing-group-health-plans-for-the-end-of-covid-19-emergency-periods.) Yesterday, the Departments of Labor (DOL), Health and Human Services (HHS), and the…

Fourth Circuit Underscores Burden of Proof for Intentional Discrimination

The Fourth Circuit issued a decision yesterday, reinforcing a plaintiff’s burden in employment discrimination cases.  In Balderson v. Lincare Inc., No. 21-1753 (4th Cir. Mar. 15, 2023), a three-judge panel reversed the trial court’s conclusion that Chandra Balderson’s termination from employment was the result of discriminatory animus based on her sex.  The trial court reached this conclusion after…

New Protections for Pregnant and Nursing Mothers: What Employers Should Know About the PUMP Act and PWFA

As part of the omnibus spending bill for FY 2023, Congress passed new protections for pregnant employees and nursing mothers in the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). On December 29, 2022, President Biden signed the bills into law.

Pregnant Workers Fairness Act

The PWFA was enacted to address the gap between the…

Holy moly! Employees who are paid $200,000 can get overtime!

Under the Fair Labor Standards Act (“FLSA”), the workforce is divided into two groups:  (1) hourly, non-exempt employees, who are entitled to overtime compensation for any time worked in excess of forty hours per week;  and (2) salaried, exempt employees who are not entitled to overtime compensation.  In order to classify someone as a salaried exempt employee, that person must be paid on a “salary…

Glacier Northwest: Does the NLRA Preempt State Tort Actions Against Unions?

Earlier this month, the Supreme Court received oral argument addressing the question of whether the National Labor Relations Act (“NLRA”) preempts a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute.  In one of the most highly-anticipated labor cases before the Court in decades, the justices will decide Glacier Northwest, Inc. v.…

The Federal Trade Commission Moves on Non-Competes

The Federal Trade Commission Moves on Non-Competes

On January 5, 2023, the Federal Trade Commission (“FTC”) issued its proposed rulemaking on unfair methods of competition aimed at limiting the use of non-compete clauses between employers and employees.  The FTC’s action follows President Biden’s July 9, 2021 Executive Order on “Promoting Competition in the American Economy,” directing the FTC use…

Potential Showdown Between State Exemptions to COVID-19 Vaccination and Federal Vaccine Mandates in West Virginia.

Last month, the Supreme Court lifted the stay regarding the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate for providers participating in the Medicare and Medicaid programs to require their employees to be vaccinated against Covid-19.[1] However, several states, including West Virginia, have recently adopted statutes that interfere with  employers’ ability to implement mandatory…

Alternatives to Non-Compete Agreements

Non-competition agreements have recently come under attack at both the federal and state level. Last year, for example, Indiana passed a law providing greater restrictions on non-compete agreements related to healthcare professionals. At the federal level, in July President Biden  issued an executive order that,among many other competition-focused objectives, encourages the Federal Trade…

A New York Federal Court Strikes Certain Department of Labor (“DOL”) Regulations Regarding Paid Leave Under the FFCRA

A federal district court in New York recently ruled in favor of the State of New York and struck down key provisions from the U.S. Department of Labor’s rule implementing and interpreting the Families First Coronavirus Response Act (“FFCRA”). A summary of State of New York v. U.S. Dept. of Labor’s1 key holdings are as follows:

  1. The district court struck down the DOL’s work availability requirement.…

Finally!: National Labor Relations Board Releases Final Rule Addressing Joint-Employer Status

The National Labor Relations Board (“NLRB”) unveiled its final rule today which greatly narrows the scope of the “joint-employer” test under which franchisers and businesses that use third-party employees could be held jointly liable under federal labor law.  The NLRB began the rulemaking process late in 2018 and received more than 30,000 public comments on the proposed changes. The new rule will…

 

© 2024 Jackson Kelly PLLC. All Rights Reserved.