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The National Labor Relations Board Has Had a Busy Summer: What You Need to Know
The National Labor Relations Board had a particularly busy summer, during which it released a number of major decisions that have collectively tilted the balance of federal labor law toward unions and against employers. In many of its recent decisions, the Board not...
Proposed DOL Regulation Would Require Millions of Workers to Receive Raises or Overtime
A new proposal from the U.S. Department of Labor seeks to increase the minimum required pay for salaried exempt employees to $1,059 per week ($55,068 per year), a more than 50% increase over current requirements. The DOL estimates that absent employer action, the...
Seven KWW Attorneys Named to 2024 “Best Lawyers” and “Ones to Watch” lists
Shareholders Jim Wilkins, John McKenzie and Tom Green were named to the just-released Best Lawyers® in America 2024 edition. Shareholder Amanda Smith and Associates Michael Karst, Julie Trout and Olivia Hochschwender earned Best Lawyers®: Ones to Watch 2024 status....
U.S. Supreme Court Establishes New, Employee-Friendly Standard for Religious Accommodation Requests
The United States Supreme Court recently released its decision in Groff v. DeJoy, which adjusted the standard by which employers must assess employee requests for religious accommodation. In a unanimous opinion, the Court held that to lawfully refuse to provide a...
It just got a little harder for employees to convert their individual FLSA claims into massive collective actions
The Fair Labor Standards Act (FLSA) allows employees to litigate minimum wage and overtime claims on behalf of themselves as individuals or as a collective action with other employees who are “similarly situated.” Assuming other employees are “similarly situated,”...
EEOC Guidance: How Artificial Intelligence Used in Employment Selection Procedures May Expose Employers to Risk
Employers are increasingly using new decision-making tools, including those with artificial intelligence, to assist them in making employment decisions such as hiring, promoting, and firing employees. Recently, the Equal Employment Opportunity Commission (EEOC) issued...
Additional Protections Available to Pregnant and Nursing Workers
K|W|W is providing this update to help employers stay up to date with the specific requirements, provisions, and effective dates of new legislation that impacts the workplace. The Pregnant Workers Fairness Act (“PWFA”) goes into effect June 27, 2023, and the Providing...
KWW Adds Two Experienced Employment Attorneys
Kastner Westman & Willkins, LLC is pleased to announce the addition of two experienced labor and employment attorneys to the K|W|W Team. Patrick Watts and Pat Hoban have joined K|W|W effective June 12, 2023.From the left, Patrick Watts and Pat Hoban Both Patrick...
NLRB General Counsel Says Many Noncompetition Agreements Violate the NLRA
In a memorandum released earlier this week, General Counsel for the National Labor Relations Board (NLRB) shared her opinion that many common forms of noncompetition agreements violate the National Labor Relations Act (NLRA). Although this memorandum isn’t binding...
Not This Year. FTC Punts on Non-Compete Agreement Ban Vote Until April 2024.
The Federal Trade Commission (FTC) won’t vote until next April on whether to ban non-compete agreements, according to reports by Bloomberg. In January 2023, we explained that the FTC proposed a nationwide rule that would invalidate most existing non-compete agreements...
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