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		Report \| Labor Law Today—2023 Year in Review Perkins Coie is pleased to present Labor Law Today—Year in Review, offering a summary of the past year’s most noteworthy and influential developments in traditional labor law. Read the report >

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US Department of Labor Increases Salary Threshold for Exempt Employees

The U.S. Department of Labor (DOL) issued a final rule on April 23, 2024, increasing the minimum salary and compensation thresholds for certain overtime exemptions (the Final Rule) under the Fair Labor Standards Act (FLSA).

EEOC’s Final Rule Regarding Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, scheduled to take effect on June 18, 2024.

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Muldrow Sets a New Standard for Workplace Discrimination

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did not result in a loss of pay or benefits.

FTC Bans Employee Noncompete Agreements; Challenges Underway

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions).

District of Arizona Evaluates Restrictive Covenants

The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to violation of the company’s confidential information policy.

Los Angeles County Adopts New Background Check Requirements for Employers

Los Angeles County adopted a new Fair Chance Ordinance for Employers (the Ordinance) on February 27, 2024, which supplements California’s 2018 Fair Chance Act (located in California Government Code Section 12952 et. seq.).

Courts Revisit the Boundaries of “Adverse Employment Actions” Under Title VII

Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly.

Court Vacates National Labor Relations Board’s Joint Employer Rule

The U.S. District Court for the Eastern District of Texas vacated the National Labor Relations Board’s (the Board or NLRB) final rule addressing the standard under which two entities may be considered joint employers under the National Labor Relations Act (NLRA), on March 8, 2024.

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Implications From Denial of Certiorari in Race-Neutral Admissions Case

The U.S. Supreme Court denied certiorari in a much-scrutinized U.S. Court of Appeals for the Fourth Circuit case involving race-neutral school admissions procedures, Coalition for TJ v. Fairfax County Board, on February 20, 2024.