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The Death of Deference: Supreme Court Overrules the Chevron Doctrine

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In a move long anticipated by many court watchers, the Supreme Court on June 28, 2024, jettisoned a longstanding doctrine of deference to Federal agencies’ interpretations of the statutes they are charged to enforce.  The Chevron doctrine, so named for the 1984 case in which it originated – Chevron v. Natural Resources Defense Council – said that courts s...
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New Salary Requirements for Exempt Salaried Employees Start Today

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Wage and Hour regulations concerning white collar exemptions now require the payment of at least $844 per week effective today July 1, 2024, and in six months on January 1, 2025, the required salary amount will be at least $1,128 per week for an annual salary of $58,656. The amount for the requirements for Highly Compensated Employees is now $132,964 per ...
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Employment Alert - Supreme Court Decision Concerning Administrative Law

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The Supreme Court today (June 27, 2024) issued a decision concerning administrative law – SEC v. Jarkesy, which may have major implications as to administrative procedures. The SEC investigators proposed fines and other monetary relief against Mr. Jarkesy for alleged security fraud. He was required to litigate this matter before an Administrative Law Judg...
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FTC Adopts Rule Banning Non-Compete Agreements

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On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) voted 3-2, along party lines, to ban most new non-compete agreements and invalidate existing non-compete agreements.  The new rule is scheduled to take effect in August – but lawsuits challenging this ban will be coming soon to a courthouse near you!
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US DOL Finalizes Rule to Increase Compensation Thresholds for Overtime Eligibility

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Effective July 1, 2024, salaried workers making less than $43,888 annually will be eligible for overtime pay. The salary threshold will increase to $58,656 on Jan. 1, 2025. The exemption for highly compensated employees (HCE’s) will rise to $132,964 on July 1, then to $151,164 on January 1, 2025. Starting July 1, 2027, salary thresholds, including those f...
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Featured Federalist Article: Text Education in Muldrow v. St. Louis: The Supreme Court Just Made Title VII Cases Easier for Plaintiffs to Win

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Elizabeth K. Dorminey authored another article for the Federalist Society.  Here's a quick summary of what this article, Supreme Court Just Made Title VII Cases Easier for Plaintiffs to Win, is about. The Supreme Court just lowered the bar for litigants alleging workplace discrimination. But let’s not hear any complaining! The Justices, in a unanimo...
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Featured Article at The Federalist Society: Franchise With That? McDonald’s No-Poach Agreements Receive Antitrust Scrutiny

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Elizabeth K. Dorminey authored another article for the Federalist Society. Here's a quick summary of what this article, Franchise With That? McDonald’s No-Poach Agreements Receive Antitrust Scrutiny, is about. Antitrust cases usually come up in the consumer products context, where suppliers of goods are accused of anticompetitive behavior like price-...
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Starbucks Union Campaign Demonstrates Textbook Study of Union Issues

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The Starbucks union organizing campaign has been amazing, resulting in nearly 350 wins for unions in 37 states.  The National Labor Relations Board (NLRB) has filed almost 100 complaints against the company for its responses to the campaign, and at the same time there has been a dramatic slowdown in the number of successful new union organizing wins.
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Featured Article at The Federalist Society: The Eighth Circuit Invalidates a Longstanding Rule on Workplace Timekeeping

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J. Larry Stine and Elizabeth K. Dorminey co-authored an article for the Federalist Society. Here's a quick summary of what this article, Rounding Error: The Eighth Circuit Invalidates a Longstanding Rule on Workplace Timekeeping, is about. In a surprise decision, a court invalidated a decades-old rule allowing employers to round employee work time to...
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Larry Stine Interviewed on NBC News — Slaughterhouse Children: The Dark Truth Behind the Meat You Eat

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NBC News premiered a new documentary today titled Slaughterhouse Children, featuring an interview with senior partner J. Larry Stine. Larry is first seen in the documentary 10 minutes into the video and has represented Mar-Jac Poultry for over three decades. Here's a description of the NBC documentary: In towns across America, children working in dangero...
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H-2A Farmworker Proposal Would Promote Union Organization in Agriculture

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A proposed Department of Labor (DOL) rule was announced on September 13, 2023, to provide federal labor law protections similar to those under the National Labor Relations Act (NLRA) to H-2A farmworkers.  The H-2A Program allows agricultural employers to hire farmworkers for temporary and seasonal jobs when they cannot find sufficient domestic labor, and ...
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