Alerts Archives

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Department of Labor Says FMLA Leave Can be Used for Participation in Clinical Trials

On November 8th, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an opinion letter (FMLA2024-01-A) stating the DOL’s position on the use of leave by employees under the Family and Medical Leave Act (FMLA) for participation in…

Federal Court Overturns DOL Rule Increasing Salary Basis

On Friday, November 15th, the District Court for the Eastern District of Texas struck down the Department of Labor’s 2024 rule increasing the salary basis for both the white collar – executive, administrative, and professional – and highly compensated employee…

Notice of FOIA Request Being Sent to Federal Contractors

On October 29, 2024, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register (the “Notice”) regarding a request the DOL received under the Freedom of Information Act (FOIA) for…

The Fifth Circuit Court of Appeals Strikes Down the Department of Labor’s Tip Credit Regulation

For decades, the issue of the “tip credit” has been the subject of discussion and guidance from the U.S. Department of Labor (“DOL”). In 1988, the DOL published what is known as the “80/20” guidance in its Field Operations Handbook.…

Texas Federal Court Finds FTC’s Non-Compete Rule Unlawful: Are Employers Across the Nation in the Clear?

On August 20, 2024, the Northern District of Texas in Ryan LLC v. Federal Trade Commission issued a nationwide order preventing the Federal Trade Commission’s (FTC) Non-Compete Rule from going into effect on September 4, 2024. Had the rule become…

The FTC’s Final Rule on Non-Compete Agreements to Take Effect?

Since January of 2023, Crowe & Dunlevy has been tracking and updating its clients on the Federal Trade Commission’s (FTC) rule to prohibit employers from imposing non-compete clauses on employees (see previous Crowe & Dunlevy advisories circulated in January 2023,…

Trump and Biden and Harris, Oh My! Let’s Talk Politics at Work

Between the Trump assassination attempt, Biden dropping out of the presidential race, and the news of Harris securing the democratic nomination for president, the last few weeks in the political sphere have been an emotional roller coaster. It is a…

Chevron Overruled — What Does this Mean for Employers?

In what may be one of the most significant United States Supreme Court decisions handed down in decades, the Court, in Loper Bright Enterprises v. Raimondo, overturned the Chevron doctrine, and removed the forty-year old legal foundation that many federal…

GINA Harassment Claim: Is that a Real Thing?

When considering the panoply of employment laws they deal with daily, the Genetic Information Nondiscrimination Act, or GINA, is not something businesses often think of. Indeed, the law had plenty of detractors when it was first passed, with many considering…

Déjà Vu All Over Again – the Department of Labor Strikes Again

Yes, friends, the Department of Labor’s (DOL) new Final Rule raising the minimum salary requirements for exempt employees are about to go into effect as of July 1, 2024. If you feel like we’ve been here before, you are right. …