The Occupational Safety and Health Administration’s (OSHA) proposed rule on reducing workplace risks related to extreme heat has recently begun raising concerns that the attempt to mandate paid breaks may go beyond OSHA’s congressionally authorized authority, as well as beyond promoting the safety of the employees.
Federal Judge Stymies FTC Efforts to Outlaw Non-Compete Agreements
On August 20, 2024, Judge Ada Brown of the US District Court for the Northern District of Texas set aside the Federal Trade Commission’s (FTC) rule that effectively prohibited the use of non-compete agreements. Interpreting the Administrative Procedure Act, which provides for judicial review of the actions of federal agencies like the FTC, the court found that the FTC’s non-compete ban was unlawful.
Kogos & Lewis Present on Employment Compliance at ACC Louisiana CLE
149 Jones Walker Attorneys Recognized in The Best Lawyers in America© 2025
Jones Walker LLP is pleased to announce 149 attorneys firmwide have been listed in The Best Lawyers in America© 2025 peer-review attorney rankings. In addition, 12 attorneys received the esteemed The Best Lawyers in America© “Lawyer of the Year” designation for 2025, and 36 attorneys are recognized in the Best Lawyers: Ones to Watch® in America 2025 list.
Wolfe Listed in 2024 Women to Watch by Birmingham Business Journal
Kary Bryant Wolfe, a partner in the Labor & Employment Practice Group in the Birmingham office, was selected by the Birmingham Business Journal in the 2024 Women to Watch list, published on July…
Internal Revenue Service Releases Final Rules on IRA Wage and Apprenticeship Requirements
In long-anticipated guidance, the Internal Revenue Service (IRS) introduced final regulations that clarify prevailing wage and apprenticeship requirements for taxpayers seeking the full value of energy production and investment tax credits under the Inflation Reduction Act of 2022 (IRA).
OSHA Announces Proposed Rule on Heat
The Department of Labor released its long-awaited proposed rule to protect indoor and outdoor workers from hazards associated with extreme heat. As expected, it focuses on water, rest shade, acclimatization, and training.
5th Circuit: Follow Salary Basis Test or Lose FLSA Overtime Exemptions
“5th Circuit: Follow Salary Basis Test or Lose FLSA Overtime Exemptions,” HR Laws Southeast Employment Law Letter, Vol. 5, No. 7
Jones Walker Labor & Employment Practice Ranked Nationally in 2024 Chambers USA and 2024 Legal 500 United States
Jones Walker LLP is pleased to announce that its Labor & Employment Practice Group received national rankings in the 2024 edition of Chambers USA by Chambers and Partners and in the 2024 Legal 500 United States guide.
Is Chevron Gone but Not Forgotten?
The US Supreme Court has addressed the deference rule in interpreting and applying Congressionally enacted federal law by federal agencies versus a Court’s understanding where gaps exist. It is an interesting civics read concerning the three branches of government, separation of powers, and enforcement. The question is, what now? How will this impact the maritime community?
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.”
Fifth Circuit Reminds Employers To Follow Salary Basis Test or Lose FLSA Overtime Exemptions
On May 24, 2024, the US Court of Appeals for the Fifth Circuit in New Orleans, which covers Louisiana, Mississippi, and Texas, recently upheld a district court’s decision that two highly compensated IT engineers were not properly paid on a salary basis and, therefore, not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. The Fifth Circuit’s opinion reiterates that no matter how much money an employee earns, a guaranteed weekly salary must be paid in accordance with the FLSA’s specific rules and regulations in order to maintain most exemptions from the overtime pay requirements.
Jones Walker LLP Recognized in The Legal 500 United States 2024 Guide
Jones Walker LLP is pleased to announce that the firm and 47 attorneys have been recommended in The Legal 500 United States 2024 guide.
LA Senate Passes Restrictions on Noncompetes for Primary Care Physicians
A Joint Effort to Keep Workers Safe
Jane Heidingsfelder, a partner in the Labor & Employment Practice Group, and Madison Gaines, an associate in the Labor & Employment Practice Group, authored the EHS Today article “A Joint Effort to Keep Workers Safe” published on May 21, 2024.