Labor & Employment Law Update

Join us on Wednesday, July 31 at 10AM CT as we present a timely webcast for employers, discussing the rising cost of health care plans.

The webcast will cover:

• Addressing GLP-1 coverage and mental health needs
• Compliance considerations for spousal incentives
• Considerations for alternative contribution structures and wellness incentives

Cultivate a thriving culture and drive your business to new heights by transforming your managers into dynamic leaders. Amundsen Davis's Leadership & Management Training Series is perfectly crafted for ambitious mid to senior-level managers from any sector to thrive. Join us this fall for our virtual series meant to help future leaders learn the ins and outs of compliance and management, whether you are developing policies, recruiting new talent, or handling employee issues.

On June 24, 2024, a federal district court judge enjoined parts of the United States Department of Labor’s August 23, 2023 prevailing wage rule that greatly expanded the definition of “construction” on federal prevailing wage projects. Such expansion of what constitutes covered “construction” work on federal prevailing wage projects was never contemplated by the actual federal prevailing law itself (the Davis-Bacon Act or DBA). In a fairly scathing rebuke of the US DOL’s 2023 rule, the court found “…[the US DOL]… usurped Congress’ law-making power and attempted substantive amendments to the DBA. Presidents and their agencies act ultra vires and do violence to the Constitution when they attempt to unilaterally amend Acts of Congress to suit their policy choices…” Interestingly, the court’s decision came before the US Supreme Court eliminated the Chevron deference doctrine. 

On July 3, 2024, a federal judge in Texas issued a preliminary injunction that stays the US Federal Trade Commission’s (FTC) near-total ban on non-compete agreements for the named plaintiffs seeking to invalidate the ban which is set to take effect on September 4, 2024. 

A federal judge in Texas denied a private company’s request to halt the U.S. Department of Labor’s FIRST PHASE of its new FLSA salary level rule. As you recall, the first phase of the new rule went into effect on July 1, 2024.

The court’s ruling means that the salary level for white-collar FLSA exempt employees must be paid a minimum annualized salary of $43,888 (up from $35,568). That number is then scheduled to go up to $58,656 on January 1, 2025. Raises in the minimum salary threshold will be automatic in subsequent years.

The court denied the company’s injunction request because ...