Labor & Employment Law Update

On July 3, 2024, a federal court in the Northern District of Texas issued a temporary injunction against the Federal Trade Commission’s (“FTC”) final rule banning most noncompete agreements (the “Rule”).[1] Baird Holm previously reported on this Rule here. In the decision, the court found that the FTC is not […]

DOL’s Overtime Rule On July 1, 2024, the Department of Labor (“DOL”) began enforcing the first phase of a new overtime rule (the “Rule”) which raises the salary thresholds for certain overtime exemptions under the Fair Labor Standards Act (“FLSA”). Baird Holm previously reported on the Rule’s announcement and finalization […]

On June 27, 2024, the Supreme Court held in a 6-3 decision that when the Securities and Exchange Commission (“SEC”) seeks civil penalties for securities fraud, the defendant is entitled to a jury trial. While the decision addresses the narrow topic of securities fraud litigation by the SEC, Securities and […]

On April 26, 2024, the Department of Health and Human Services published a final rule expanding the prohibition of discrimination in health care programs or activities under Section 1557 of the Affordable Care Act (“ACA”). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or […]

On April 23, 2024, Governor Pillen signed into law LB 1023, which clarified and loosened Nebraska’s strict “Convenience of the Employer Rule.” The new law directly impacts Nebraska employers’ state income tax withholding obligations for remote employees. As background, Nebraska is one of just a few states that imposes income […]