Updates
Supreme Court Clarifies Burden of Proof for FLSA Exemptions
On January 15, 2025, the U.S. Supreme Court clarified the burden of proof employers must satisfy when questions arise concerning employee classification under the Fair Labor Standards Act. In a unanimous decision, the Supreme Court in E.M.D. Sales, Inc. v. Carrera held that the lower preponderance of the evidence standard applies when an employer seeks to demonstrate that an employee is exempt from the minimum wage and overtime pay provisions of the FLSA.
Will Trump Executive Order Banning Transgender Women from Women's Sports Survive Legal Challenges?
On February 5, President Trump signed an executive order (EO) that aims to ban transgender women from participating in women's and girls' sports. This is the fourth order concerning transgender people that Trump has signed since his inauguration, with others relating to gender classification, gender-affirming medical care for minors and transgender military service. Trump strongly opposed transgender participation in women's sports throughout his campaign, so executive action on the issue was widely expected in the administration's early days.
March 1 Deadlines for Group Health Plans
March 1 brings two annual deadlines for employers that sponsor a group health plan for their employees
Your Employee's Right of Publicity (NIL)
The right to use an employee's name or likeness falls under what has traditionally been known as a "Right of Publicity" and now is commonly referred to as "Name, Image, and Likeness" (NIL) rights. Of late, there has been a great deal of coverage of NIL rights as they apply to sports figures, particularly college, high school, and now even middle school athletes. Often, people think things like Rights of Publicity only apply to celebrities and famous people, but in fact, the applicable statutes and common law which cover the area have applied these rights to everyone, famous or not.
DEI and Potential False Claims Act Liability in Higher Education
Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any other in higher ed. The discussion veers to budgets and anticipated programming for various student affinity groups—The Asian Pacific American Student Association, the Student Organization of Latinos, and the Black Law Students Association, for example.
Attorney Spotlight
Andrew Shapiro: Executive compensation law is a highly specialized and constantly evolving field that intersects tax, securities, corporate governance, and employment law. Clients should understand that structuring compensation arrangements requires not only compliance with complex regulations but also a strategic approach to attracting and retaining key talent while aligning with business objectives. Because of the high stakes involved, clients should know the importance of working with counsel who not only understands the legal framework but also takes a practical, business-oriented approach to compensation strategy.
We Want to Hear from You
What legal issues are keeping you up at night?
We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.
About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.