Recently-enacted Senate Bill 553 (SB 553) amended the California Labor Code to require most California employers to establish and implement an effective, written workplace violence prevention plan (WVPP) containing specific information by July 1, 2024. An employer’s WVPP must include effective procedures for identifying, evaluating, and correcting workplace violence hazards and reporting and investigating workplace violence incidents.
Archives for July 1, 2024
A Few Workplace Law Developments
Lots to report this week… (I missed posting last week because of a nasty case of COVID-19. Not fun…)
Anne Bensky Spotlighted on Employment Law Powerlist
Anne Bensky is spotlighted for her unique educational background and commitment to providing strategic and preventative legal counsel to her clients in “Wisconsin Law Journal’s 2024 Employment Law Power List” published by the Wisconsin Law Journal.
Courtney Malveaux Comments on Potential Changes in Wage and Hour Litigation Post-Chevron Decision
Courtney Malveaux comments on how the Supreme Court’s decision to overturn the Chevron ruling will impact the DOL’s defense and implementation of wage and hour regulations in litigation in “Justices’ Chevron Ruling Threatens DOL Wage Rulemaking,” published by Law360.
Jackson Lewis Advances 12 Spots on The American Lawyer’s 2024 Diversity Scorecard
Nationwide employment law firm Jackson Lewis P.C. is pleased to announce the firm has secured the #14 spot on The American Lawyer’s Diversity Scorecard, marking a significant rise of 12 places from its 2023 ranking. The Scorecard evaluates law firms based on their diversity scores, taking into account the percentage of minority attorneys overall, as well as in partner and leadership positions within each firm.
Labor Department Rule Raising Salary Level for Exempt Employees Takes Effect (For Now)
A federal judge in Texas has enjoined the Department of Labor (DOL) from enforcing its Final Rule raising the minimum salary level requirements for executive, administrative, and professional (EAP) exemptions to the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). State of Texas v. U.S. Dep’t of Labor, No. 4:24-cv-499-SDJ (E.D. Tex. June 28, 2024). The injunction, however, only bars the DOL from enforcing the increase as to Texas government employees. The court did not grant the requested nationwide injunctive relief.
EEOC VC Samuels’ Keynote at Workplace Horizons Addresses PWFA, AI, Muldrow & More
Jackson Lewis Principal and co-leader of the firm’s Litigation Practice Group Stephanie Satterfield moderated a keynote presentation by Jocelyn Samuels, Vice Chair of the U.S. Equal Employment Opportunity Commission (EEOC), at Jackson Lewis’ Workplace Horizons conference in New York City on April 11, 2024.
Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’ to Federal Agencies: What It Means for Employers
The U.S. Supreme Court has overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. Loper Bright Enters. v. Raimondo, No. 22-451, and Relentless, Inc. v. Department of Commerce, No. 22-1219 (June 28, 2024). The Court’s decision came in response to a pair of cases brought by two fishing vessel operators challenging federal regulations on fishery management in federal waters.
International Employment Law Tracker—June 2024
Jackson Lewis is a founding member of L&E Global, a worldwide alliance of independent law firms providing advice and counsel on employment law matters. We are pleased to present you with recent international employment law updates for June 2024 compiled by L&E Global.
Cook County, Illinois Implements Final Rules on Paid Leave Ordinance: Employer FAQs
Under the Cook County Paid Leave Ordinance, most employers in Cook County, Illinois, must provide their employees in the county up to 40 hours of paid leave that can be used for any reason.
Chevron is overruled.
This morning, the United States Supreme Court issued its opinion in Loper Bright Enterprises et al. v. Raimondo et al., 603 U.S. ___ (2024), overruling the decades-old doctrine of deference to agency interpretations of ambiguous statutory provisions established in Chevron U.S.A. Inc. v. NRDC, 467 U.S. 837 (1984) as inconsistent with the Administrative Procedure Act (APA). Going forward, courts “need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous.”
Supreme Court Overrules Chevron Deference in 6-3 Decision
Executive Summary; On June 28, 2024, in an anticipated but significant decision, the Supreme Court of the United States overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required courts to defer to an administrative agency’s reasonable interpretation of an ambiguous statute. The Supreme Court has now made clear that courts must exercise their independent judgment in determining the meaning of statutory provisions, rather than deferring to an administrative agency’s interpretation.
Status of Litigation Challenging the DOL’s 2024 Salary Rule
Real World Implications of Challenges to the Rule: A federal district court in Texas has enjoined the DOL’s 2024 Salary Rule (which takes effect today, July 1, 2024) for employees of the state of Texas, and we anticipate a nationwide injunction applicable to private employers sometime this week, possibly even today. In light of the litigation challenging the rule, we recommend employers make no changes to the exempt status of employees at this time and wait to see if the court issues a nationwide injunction.
Your Boss Will Freeze Your Eggs Now
Mine is the first generation that has corporate benefits for a technology with the potential to slow the biological clock. Is it feminist dream or Silicon Valley fantasy?
Pay for Lawyers is So High People Are Comparing It to the N.B.A.
Enormous pay packages are popping up for top lawyers, especially those favored by well-heeled private equity clients.