Labor & Employment Law Update

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 […]

On April 23, 2024, the Department of Labor (“DOL”) released a final rule raising the salary thresholds for certain overtime exemptions under the Fair Labor Standards Act (“FLSA”). Baird Holm previously reported on the DOL’s proposed rule, which was introduced on August 30, 2023. All employers should be familiar with […]

On January 5, 2023, the Federal Trade Commission (“FTC” or the “Commission”) released a Notice of Proposed Rulemaking which aimed to broadly ban non-compete clauses in employment contracts. Baird Holm previously reported the proposed rules.  Over a year later, the FTC issued a final rule banning most non-competes nationwide on […]