Matthew Clarke

Jan 23, 2025 | jdsupra.com | Thomas Bever |Matthew Clarke |Yash B. Dave

With the inauguration of Donald J. Trump as President, immigration enforcement is a top priority as illustrated by President Trump’s inaugural address and executive orders. Although we do not know yet what impact this will have on employers, it is widely expected that one component of the new administration’s immigration crackdown will be an increase in worksite enforcement and Form I-9 employment eligibility verification audits.

Dec 6, 2024 | jdsupra.com | Matthew Clarke |Yash B. Dave |Ian Jones

For employers, the holiday season often includes hosting annual parties, catering office luncheons, or distributing end-of-year gifts and bonuses. However, with these good tidings and cheers comes potential liabilities. Office PartiesWith respect to holiday parties and office gatherings, employers should take steps to minimize potential liability: Attendance Should Be Voluntary: Make it clear that attendance is optional.

Nov 18, 2024 | jdsupra.com | Patrick Cain |Matthew Clarke |Yash B. Dave

On Wednesday, November 13, 2024, the National Labor Relations Board (“NLRB”) issued a decision prohibiting captive audience meetings — mandatory meetings held during work hours to explain the employer’s position on union-related matters —  finding that they violate National Labor Relations Act (“NLRA”) Section 8(a)(1) which forbids employers to “interfere with, restrain, or coerce employees in the exercise” of their labor rights. The decision overrules nearly eighty years of precedent.

Oct 22, 2024 | jdsupra.com | Patrick Cain |Matthew Clarke |Yash B. Dave

On October 7, 2024, the General Counsel of the National Labor Relations Board (“NLRB”) issued a memorandum (the “Memorandum”) to all NLRB Regional Directors, Officers-in-Charge, and Resident Officers (i) expanding upon the General Counsel’s previous conclusion in a May 30, 2023 memorandum (See NLRB Non-Compete Alert dated June 13, 2023) that most non-compete provisions contained in employment agreements and severance agreements violate the National Labor Relations Act (the “Act”), (ii)...

Sep 9, 2024 | jdsupra.com | Patrick Cain |Matthew Clarke |Yash B. Dave

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), the United States Court of Appeals for the Fifth Circuit struck down a final rule promulgated by the U.S. Department of Labor (“DOL”) that restricted when employers may claim a tip credit for tipped employees under the Fair Labor Standards Act (“FLSA”). The FLSA permits employers to take a tip credit when paying the wages of any tipped employee.