Tyler S. Laughinghouse

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Articles

Supreme Court poised to weigh in on legal test for FLSA exemptions

Nov 4, 2024 | finance.yahoo.com | Robert T. Quackenboss |Tyler S. Laughinghouse

This story was originally published on HR Dive. To receive daily news and insights, subscribe to our free daily HR Dive newsletter. Robert Quackenboss is a partner at Hunton Andrews Kurth LLP. Tyler Laughinghouse is an associate at the firm. On Nov. 5, the U.S. Supreme Court will take up a wage and hour case, E.M.D. Sales, Inc. v.
NLRB Ends Decades-Old Practice of Accepting Consent Orders

Sep 30, 2024 | lexology.com | Kurt G. Larkin |Tyler S. Laughinghouse

On August 22, 2024, the Board ended its 50-year history of allowing consent orders in unfair labor practice cases. In Metro Health Inc. d/b/a Hospital Metropolitano Rio San Pedras, the Board held that: “in all pending and future unfair labor practice cases, the Board will not terminate the case by accepting or approving a consent order.”The Board’s decision marks a reversal of 50 years of precedent.
U.S. Supreme Court to Clarify Burden of Proof For FLSA Exemptions

Jul 3, 2024 | lexology.com | Robert T. Quackenboss |Tyler S. Laughinghouse

On June 17, 2024, the U.S. Supreme Court agreed to take up a wage and hour case, E.M.D. Sales, Inc. v. Carrera, to address a circuit split regarding the standard of proof that employers must satisfy to show that employees are exempt from the minimum wage and overtime requirements under the Fair Labor Standards Act (“FLSA”).
FTC Final Rule Limiting Non-Competes: Considerations for M&A Transactions

Apr 25, 2024 | lexology.com | Austin Maloney |Jordan G. Sisco |Ryan Glasgow |Kevin Hahm |Tyler S. Laughinghouse

Background On January 5, 2023, the Federal Trade Commission (“FTC”) published a proposed rule (the “Proposed Rule”) that would have had the effect of banning nearly all employee non-competes throughout the United States and invalidate all such existing agreements subject to a few exceptions.[1] We wrote about the Proposed Rule at the time of publication and are providing an update on the Final Rule that was released by the FTC on April 23, 2024 (the “Final Rule”) after a lengthy review and...
Sixth Circuit Highlights The Difficulty of Calculating Work-Related Expenses Under the FLSA

Mar 26, 2024 | lexblog.com | Ryan Glasgow |Tyler S. Laughinghouse

On March 12, 2024, the United States Court of Appeals for the Sixth Circuit reversed two separate district court decisions addressing how pizza delivery drivers should be reimbursed for their vehicle-related expenses under the Fair Labor Standards Act (FLSA). The underlying cases involved minimum wage claims under the FLSA.
Fifth Circuit Overturns NLRB’s Dress Code Decision

Dec 18, 2023 | lexblog.com | Kurt G. Larkin |Tyler S. Laughinghouse

As we previously reported here, the National Labor Relations Board (the “Board”) upended years of settled law in Tesla, Inc., 370 NLRB No. 131 (2022), when it held that employers cannot restrict employees from displaying union insignia (e.g., buttons, clothing, pins, and stickers) on their clothing at work, absent a showing of “special circumstances”—a nearly impossible standard for employers to meet.
The Supreme Court To Further Clarify “Transportation Worker” Exemption to the FAA

Oct 17, 2023 | lexblog.com | Ryan Glasgow |Tyler S. Laughinghouse

On September 29, 2023, the U.S. Supreme Court granted certiorari in Bissonnette v. LePage Bakeries Park St. LLC, a case from the Second Circuit Court of Appeals involving application of the Federal Arbitration Act’s (“FAA”) exemption for transportation workers.
New York State Enacts Wage Transparency Law

Feb 13, 2023 | lexblog.com | Ryan Glasgow |Tyler S. Laughinghouse

On December 21, 2022, New York Governor Kathy Hochul signed New York State’s pay transparency bill into law. Effective September 17, 2023, the new law will require employers to disclose the anticipated compensation range for any advertised job posting. See N.Y. Lab. Law § 194-b. The law applies to employers located in New York who have four or more employees.
New York State Enacts Wage Transparency Law

Feb 13, 2023 | lexology.com | Ryan Glasgow |Tyler S. Laughinghouse

On December 21, 2022, New York Governor Kathy Hochul signed New York State’s pay transparency bill into law. Effective September 17, 2023, the new law will require employers to disclose the anticipated compensation range for any advertised job posting. See N.Y. Lab. Law § 194-b. The law applies to employers located in New York who have four or more employees.