The U.S. Supreme Court’s opinion in the case E.M.D. Sales, Inc. v. Carrera has brought significant clarification to the application of the Fair Labor Standards Act (FLSA) exemptions. Delivered on January 15, 2025, the ruling addresses the required standard of proof for employers seeking to assert exemptions from minimum wage and overtime stipulations under the FLSA. Prior to this decision,
With diversity, equity, and inclusion taking center stage in today’s legal and media landscapes, organizations eager to hire diverse talent find themselves navigating a highly polarized environment. Leaders often wonder how to adjust their hiring practices to be both inclusive and legal. This article outlines a step-by-step approach to legally hiring and retaining diverse talent without falling into the pitfalls
The ever-growing preference among employees for artificial intelligence (AI) over human managers in evaluating performance signifies a transformative shift in workplace dynamics. This preference stems from a prevalent belief that AI can deliver more equitable and unbiased feedback compared to traditional human supervisors. Emily Rose McRae of Gartner underscores that conventional performance management has long been criticized for inherent biases
The Allegations Claiming Discrimination Zack De Piero’s distress began in 2018 when he joined Penn State University’s satellite campus. He alleged that the university’s mandatory anti-racism training and certain communications targeted and discriminated against white individuals, creating an intimidating and harassing work atmosphere. De Piero’s grievances were numerous, and he claimed that the institution’s efforts to promote diversity and inclusion
The recent executive order signed by President Donald Trump on March 1, declaring English as the official language of the United States, has sparked discussions and concerns regarding its potential impact on employment law and workplace policies. As businesses and legal experts dissect the implications of this symbolic move, many employers are left questioning the feasibility and legality of enforcing
Selecting a labor lawyer in California is no small task. From my experience with legal marketing and fostering attorney-client connections, I’ve seen firsthand that there are an overwhelming number of paid advertisements and promotional claims, which can make it challenging to determine which attorneys are genuinely experienced and which rely on marketing rather than skill. A well-placed ad doesn’t always
In a landmark move, the UK government has taken a significant step towards addressing the emotional and physical challenges faced by individuals enduring pregnancy loss by committing to amend the Employment Rights Bill to include miscarriage in its bereavement rights. Sarah Owen, the chair of the Women and Equalities Committee (WEC), has been a staunch advocate for this cause and
The Employment Rights Bill is poised to bring significant changes to the human resources landscape, with HR teams actively gearing up for the adjustments necessary to comply with the new legislation. A recent study by law firm Freeths underscores the pressing need for businesses to align their priorities with the upcoming reforms. The survey reveals that 38% of HR professionals
The year 2025 has been marked by an unprecedented increase in layoffs, reminiscent of the worst periods during the pandemic. Numerous employees find themselves abruptly called into unexpected meetings with HR and their managers. The meetings are brief, unemotionally conducted, and within a few minutes, employees find their access to work systems revoked and their years of dedicated service to
The landmark decision by the United States Supreme Court in the case of E.M.D. Sales Inc. et al. v. Carrera et al. introduces a new “preponderance of the evidence” standard for proving FLSA exemptions. This ruling is poised to significantly impact employers, providing them with a clearer framework for employee classification and potentially reducing the risk of misclassification lawsuits. This
Despite the political shifts and administrative actions initiated by the Trump Administration as of early 2025, the legality of gender identity discrimination in the workplace in the United States remains firmly grounded in established federal and state laws. Legal experts urgently remind employers that despite recent attempts to redefine certain legal distinctions, the protections against workplace discrimination based on gender
In a significant move expected to impact high-earning employees and their relationships with their employers, Workplace Relations and Safety Minister Brooke van Velden recently unveiled a new policy designed to streamline the process of managing dismissals for high-income positions. This policy has introduced a high-income threshold, targeting employees who earn above $180,000 per annum. In an effort to ensure a
