Under Louisiana’s newly amended unemployment compensation law, effective August 1, 2025, employers now have ten days after an employee’s separation from employment to send a separation notice to the Louisiana Workforce Commission.
“Majority Group” Employees Likely to Bring More “Reverse Discrimination” Claims in Wake of Recent Supreme Court Ruling
Yesterday, this nation’s highest court unanimously ruled that “majority group” plaintiffs – like white employees, heterosexual employees, and male employees – are no longer required to satisfy a heightened evidentiary standard to support their “reverse” employment discrimination claims.
SCOTUS Digs into Jurisdiction in Pet Food Case
Although pet food and jurisdictional quandaries might seem equally unpalatable, the United States Supreme Court recently tackled a case that touched on both topics. Royal Canin U. S. A., Inc. v. Wullschleger, 604 U.S. ___, 2025 WL 96212, at *6 (U.S. Jan. 15, 2025). It all started with pet food marketing.
Employers Win: Lower Burden of Proof Required to Prove FLSA Exempt Status
In E.M.D. Sales, Inc. v. Cabrera, the Supreme Court unanimously held that a preponderance of the evidence standard applies when an employer must demonstrate that its employees were correctly classified as exempt from the minimum-wage and overtime-pay requirements of the Fair Labor Standards Act (“FLSA”).
NLRB Rules that Compelled Attendance at Meetings Regarding Union Organizing and Statements Regarding the Impact of Unionization May Violate the Law
The National Labor Relations Board (“NLRB”) has been busy recently, reversing 80-year-old precedent concerning captive audience meetings and 40-year-old precedent concerning permissible statements about the impacts of unionization.
FTC Noncompete Ban Killed Before Taking Effect
The FTC’s ban on noncompete agreements has been struck down for all employers nationwide just two weeks before it was to take effect.
Greater Protections for Pregnant Workers Borne Out of the EEOC’s Final PWFA Rule
The EEOC recently issued its final regulations interpreting the Pregnant Workers Fairness Act (the “PWFA”), a law that became effective on June 27, 2023. The final rule, which becomes effective June 18, 2024, provides clarity regarding: (1) who and what types of limitations and medical conditions are covered under the PWFA; and (2) what accommodations are reasonable.
Double Whammy for Employers: DOL Increases Salary Requirements for FLSA Overtime Exemptions
Lost in the hoopla over the FTC’s noncompete ban announced on the same day (April 23), the United States Department of Labor (“DOL”) unveiled its final rule significantly raising the minimum-salary threshold to qualify for overtime exemptions under the Fair Labor Standards Act (“FLSA”).
FTC Noncompete Ban Already Challenged, Unlikely to Ever Take Effect
On April 22, the Federal Trade Commission (“FTC”) voted 3-2 to ban noncompete agreements, which prevent employees from working for competitors or launching a competing business after they leave a job. The FTC’s new rule is slated to go into effect 120 days after it is published in the Federal Register. Whether the rule will ever actually take effect, however, is uncertain.
US Fifth Circuit Upholds 12(b)(6) Dismissal, Emphasizing Need for Adequate Facts in Contract and Quasi-Contract Claims and Refusing to Allow Amendment to Omit Allegations Fatal to Plaintiff’s Claims
On February 15, 2024, Liskow lawyers Kathryn Gonski and Shannon Holtzman secured a unanimous, published United States Fifth Circuit Opinion in Shaw v. Restoration Hardware, Inc., affirming a Rule 12(b)(6) dismissal without leave to amend. 2024 WL 640246 (5th Cir. Feb. 15, 2024). Through this opinion, the Fifth Circuit reaffirmed the pleading requirements for breach of contract and quasi-contractual claims.