On November 13, 2024, the National Labor Relations Board notched another anti-employer win[1] for President Biden’s oft repeated goal to become “the most pro-Union Administration in history.” This one comes at the expense of employers’ free speech rights during a union organizing drive. In the late forties, while our WWII […]
Labor & Employment Law Update
DOL Updates and Reinforces its Cybersecurity Guidance
On September 6, 2024, the U.S. Department of Labor (“DOL”) issued a News Release updating its cybersecurity guidance from 2021 and confirming the guidance applies to all ERISA plans, including, in particular, health and welfare benefit plans (as well as all retirement benefit plans). As background, in 2021, the DOL […]
The IRS Releases Much-Needed Clarification Regarding Student Loan Matching Contributions to Retirement Plans Under the SECURE 2.0 Act
On August 19, 2024, the Internal Revenue Service (“IRS”) released Notice 2024-63 which offers clarification on the requirements for employer-matching contributions to retirement plans for qualified student loan payments (“QSLPs”). SECURE 2.0 Background QSLPs were introduced by the SECURE 2.0 Act of 2022 (the “Act”) and are permitted for plan […]
Texas District Court Grants Narrow Injunction Against FTC Noncompete Ban
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 […]
The Department of Labor’s Overtime Rule: Enforcement Begins…For All Except Texas State Employees
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 […]