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The Constantly Changing Work Authorization Rules

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The Trump Administration, immigrant rights groups, and the courts are battling over who controls the legal status and employment authorization of those who have a recognized, temporary immigration status. This Alert provides the current work authorization status for the following groups of workers who have a recognized, temporary status:
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San Francisco Judge Blocks Administration from Terminating TPS Designation for Venezuela

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A federal district judge in San Francisco on Monday temporarily blocked the Trump administration from terminating deportation protections for 350,000 Venezuelan migrants who were admitted under the 2023 Temporary Protected Status (TPS) designation.  The case is National TPS Alliance v. Noem, No. 3:25-cv-01766 (N.D. Cal., Injunction issued 3/28/25.)  The Dis…
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The End of An Era for OFCCP: President Trump Issues Executive Order Revoking Biden’s Diversity, Equity, and Inclusion Rules And Axing Affirmative Action

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January 20, 2025, will certainly go down in history as a major policy pivot-point. Among the many Executive Orders (EO) President Trump issued on his first day in office was one revoking his immediate predecessor’s day-one EO instituting diversity, equity, and inclusion (DEI) goals and also President Lyndon B. Johnson’s 1965 affirmative action mandate, EO 1…
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Another One Bites the Dust: Texas Court Invalidates EAP Salary Regs

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On November 15, 2024, in Commerce v. USDOL, a federal district court in Texas invalidated a Biden Administration regulation that had attempted to substitute a lofty salary test for statutory language that defined who qualifies as an executive, administrative, or professional (EAP) employee exempt from overtime. This important decision is but the latest in a…
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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 sho…
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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 ye…
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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 Judge…
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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 for…
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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 unanimous…
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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-fi…
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