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Tipped Over: Fifth Circuit Vacates the DOL’s Rule for Tipped Employees

The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). This decision is likely one […]

New Data Shows Lack of Preparation and Regret Plague Many American Workers

Reaching retirement is a bittersweet goal and achievement for many Americans. On the one hand, it represents a well-earned transition to a quieter, more relaxing life after a long career. On the other hand, it represents the loss of some measure of purpose and worth for many. But for a growing number of Americans, retirement […]

Loper Bright Already Affecting Biden Regulations

With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was ambiguous. The decision is already affecting numerous federal regulations. 5th Circuit Considering Whether to Remand Trump OT Case The U.S. 5th Circuit Court […]

The Rise of Pay Transparency: Navigating New Laws and Changing Workplace Norms

In American culture and social settings, it’s long been taboo to discuss one’s salary. Sharing that information around those who earn more can make the lower earner feel inferior. Sharing with those who earn less can feel like gloating. More broadly, most people feel it isn’t anyone else’s business how much they make. But things […]

Succession Planning Lessons from Biden-to-Harris Transfer

It’s often difficult for a long-serving leader to step aside and let a younger generation take the reins. That’s true in both business and in politics, and business leaders can likely draw some lessons in succession planning from the recent experience of the Democratic Party in settling on a nominee for president. Leadership in Politics […]

A Rise in Employers Facing AI Uncertainty

Global job markets are in the throes of strong winds of change, from the parabolic rise of AI technologies to a growing reckoning with the costs of higher education. In the short term, hiring practices have been among the workplace domains most destabilized, causing many to wonder what employee characteristics matter most in an increasingly […]

Congress Responds to Supreme Court Rulings

The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings. No Kings Act In response to the High Court’s presidential immunity ruling, over 30 Democratic Senators joined Majority Leader Chuck Schumer (D-NY) and introduced a bill that would overturn […]

Workday Report Highlights Key Labor Market and Recruitment Trends

In a recent press release, people- and money-management solution provider Workday, Inc. announced findings from its semi-annual Global Workforce Report, which looked at data from a poll of over 1,000 respondents in July 2024, to help understand ongoing labor market and hiring trends. Here are a few of the report’s key findings. Labor Market Leverage […]

After Judge Blocks FTC’s Worker Non-Compete Ban, Now What?

A federal judge has halted implementation of the Federal Trade Commission’s (FTC) highly anticipated worker non-compete rule. The rule, as written, bans existing and future non-compete agreements for virtually all workers, creating a seismic shift in employers’ ability to use such restrictions across most industries. But on August 20, 2024, a Texas federal court judge […]