Labor & Employment Law Perspectives

In the case at issue, E.M.D. Sales, Inc. v. Carrera, the court clarified the applicable standard of proof, ruling that employers need only demonstrate by a "preponderance of the evidence," the standard used in most civil cases, that an employee qualifies for an FLSA exemption, rather than the higher more stringent "clear and convincing evidence" standard previously applied by the Fourth Circuit Court of Appeals.

As readers of this blog will recall, last April, the Federal Trade Commission voted along party lines to finalize a rule that would have banned the vast majority of employee noncompete agreements across the country.

As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years.

Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and consistent with business necessity.”

On March 27, 2025, U.S. District Judge Matthew Kennelly of the United States District Court for the Northern District of Illinois issued a temporary restraining order prohibiting the Department of Labor (DOL) from enforcing certain provisions of Executive Orders 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity) and 14151 against Chicago Women in Trades, a domestic nonprofit that receives federal funding from the DOL.

A new bill in California, SB 7, proposed by State Senator Jerry McNerney, seeks to limit and regulate the use of artificial intelligence decision making in hiring, promotion, discipline, or termination decisions.

We have previously written about the steps employers should take to ensure I-9 compliance and prepare for immigration site visits. In light of new immigration guidelines impacting visa holders, employers also should prepare for travel outside the U.S. (whether for personal or business reasons) by their employees with work visas.

On March 14, 2025, the President issued a new executive order entitled, “Additional Rescissions of Harmful Executive Orders and Actions.”

The gig economy has emerged as a defining aspect of the modern workforce, transforming how people work, earn, and engage with employers.