BW INSIGHTS

Texas Federal Court Strikes Down Biden Administration’s Overtime Rule Raising Salary Threshold for While Collar Exemptions

By Danielle Smid | 11.18.2024
According to a Texas Federal Judge on Friday, the United States Department of Labor lacked authority to raise the salary threshold for the Fair Labor Standards Act white collar overtime exemptions. The Court’s ruling strikes down on a nationwide basis the Biden Administration rule that has been in effect since July. The Court rules that each of... Read More

How A Trump Second Term Will Affect the National Labor Relations Board and the Equal Employment Opportunity Commission

By John R. Watson | 11.14.2024
With a change of administration employers can expect shifting policies. For a second Trump term, employers can likely expect similar policies as to the first Trump administration. A Republican president typically means that the National Labor Relations Board (NLRB) will ease up on prosecuting employers for alleged labor violations and shift... Read More

IRS Issues Guidance on Matching Contributions for Student Loan Payments

By Maggie Simonson Schild & Cynthia Boyle Lande | 09.16.2024
Background On August 19, 2024, the IRS issued Notice 2024-63 (the “Notice”) to provide highly anticipated interim guidance on Section 110 of Secure 2.0 Act (“Secure 2.0”), which was enacted in 2022. Secure 2.0 amended the definition of matching contributions to allow an employer to make matching contributions beginning in 2024 to 401(k), 403(b),... Read More

Texas Court Ruling on FTC Rule

By Kathryn A. Leidahl | 08.21.2024
On August 20, 2024, Judge Ada E. Brown for the Northern District of Texas issued a nationwide injunction barring the implementation of the Federal Trade Commission’s (FTC) regulation banning noncompete agreements. In April 2023, the FTC issued a final rule banning most new and existing noncompetes nationwide. Judge Brown’s ruling means the FTC ban... Read More

Two Critical Considerations for Employers Ahead of the FTC's Final Rule Effective Date

By Nicholas D. Ott | 08.14.2024
As the Federal Trade Commission's (FTC) final rule banning non-competes approaches its effective date of September 4, 2024, employers should begin preparing for its enforcement. Two key actions employers should consider now include: (1) initiating legal action for breaches of existing and enforceable non-competes, and (2) satisfying the final... Read More

Court Blocks FTC Rule Banning Employment Noncompete Agreements on a Limited Basis

By Danielle Smid | 07.10.2024
On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule banning most post-employment non-competes for all workers, except senior executives, employed by for-profit employers. However, recent judicial decisions are stirring up problems for the Final Rule. Important Court Rulings On July 3, 2024, in Ryan LLC v. Federal Trade... Read More

Supreme Court Tightens Standards for NLRB Injunctive Relief

By Danielle Smid | 07.03.2024
The National Labor Relations Board (NLRB) is an independent federal agency tasked with safeguarding employees' rights and addressing unfair labor practices by employers. In the recent Supreme Court case Starbucks Corp. v. McKinney, 144 S. Ct. 1570 (2024), the Court's 8-1 decision imposed the stricter traditional four-factor test for granting... Read More

Recent Challenges to Plan Forfeitures

By Caleb J. Brus | 05.24.2024
Recent lawsuits are challenging 401(k) plan sponsors’ use of forfeitures to reduce employer contributions. Such practice is a long-standing precedent permitted by the Internal Revenue Service “IRS.” Plaintiffs in these suits claim that the decision on how to apply forfeitures is a fiduciary determination. The plaintiffs further allege it is a... Read More

FTC Publishes Final Rule Banning Non-Competes

By Julie Solis-Alvarado | 05.08.2024
On May 7, 2024, the Federal Trade Commission (FTC) published a Final Rule banning most post-employment non-competes. The Final Rule becomes effective on September 4, 2024. While the Final Rule faces statutory and constitutional challenges which may potentially delay and even halt the Effective date, employers should still take steps to become... Read More

The FTC Votes to Ban Non-Compete Agreements

By Julie Solis-Alvarado | 04.24.2024
In a 3-2 vote, the Federal Trade Commission (“FTC”) issued a new rule (the “Final Rule”) on April 23, 2024, banning virtually all post-employment non-competes in employee-employer contracts. In a highly anticipated decision, the FTC found that non-compete agreements between an employer and employee are unfair competition violating section 5 of the... Read More

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