On March 1, 2024, the U.S. District Court for the Northern District of Alabama issued a 53-page opinion declaring the Corporate Transparency Act (“CTA”) unconstitutional and permanently enjoined the government from enforcing the CTA against the plaintiffs in the case. At first glance, the decision could be read as banning the federal government from enforcing the significant and burdensome reporting requirements included in the CTA for millions of businesses. However, the Court’s ruling only applies to approximately .1%-.2% of all businesses in the United States.
On January 9, 2024, the U.S. Department of Labor (“DOL”) announced a final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act, that provides guidance on whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The final rule is set to take effect on March 11, 2024, and revises the DOL’s prior guidance on independent contractor classifications under the FLSA. The final rule rescinds and replaces the DOL’s previous 2021 rule, which the DOL viewed as a departure from longstanding judicial precedent and the text of the FLSA.
On October 26, 2023, the National Labor Relations Board (“NLRB”) published its highly anticipated final rule, “Standard for Determining Joint Employer Status,” set to take effect December 26, 2023. The new rule rescinds and replaces the NLRB’s previous 2020 rule, establishing a new standard to determine whether two employers are considered “joint employers” within the meaning of the National Labor Relations Act (the “Act”).
Generally, the new rule provides that an entity may be considered a joint employer of another entity's employees if the two employers share or codetermine the employees' essential terms and conditions of employment. At face value, this would not seem to alter the previous standard in a significant or meaningful way; however, the new rule goes on to drastically expand the underlying standard for determining joint employer status.
Cline Williams is pleased to announce the firm has been recognized by Best Lawyers® "Best Law Firms" 2024. We received 20 rankings overall for the Lincoln, Omaha, and Colorado Metropolitan areas. 18 of the practice areas achieved first-tier metropolitan rankings, 6 received second-tier rankings, and 1 earned third-tier ranking. Our Construction Law and Business Organizations sections made a first appearance in the publication.
Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process. A firm must have at least one lawyer recognized in the latest edition of The Best Lawyers in America® to be eligible for "Best Law Firms".
Trenten P. Bausch has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America.
The induction ceremony at which Trenten P. Bausch became a Fellow took place recently before an audience of approximately 550 during the recent Annual Meeting of the College in San Diego, California.
On August 30, 2023, the U.S. Department of Labor announced a proposed increase to the Fair Labor Standards Act's salary-level threshold for the “white-collar” exemptions to overtime requirements. The highly anticipated proposed rule is expected to expand overtime pay protections to over 3.4 million workers by changing the FLSA’s exemptions to overtime eligibility.
Cline Williams is proud to reveal that 30 of the firm's lawyers are listed in the Best Lawyers in America® in 2024. Best Lawyers in America® are chosen through an extensive peer driven evaluation. Lawyers are recognized for their professional excellence in their area of practice. Best Lawyers: Ones to Watch, listed 6 of our attorneys. The listed lawyers, who are early in their careers, are recognized for their outstanding professional excellence in private practice.
Cline Williams is also proud to announce that one firm attorney was selected for inclusion in the Best Lawyers in America® 2024 as “Lawyer of the Year” in their respective practice. They received this distinction based entirely upon peer ratings. Only a single lawyer in each practice area and designated metropolitan area is honored as a “Lawyer of the Year."
Cline Williams is pleased to announce its rankings in the Chambers USA 2023 Guide, with 3 practice groups and 9 attorneys recognized. Chambers annually ranks attorneys and law firms based on in-depth research and interviews with their clients and peers.
Shared with permission from the author and the Nebraska State Bar Association, The Nebraska Lawyer (May/June2023).
Employers and workers continue to navigate their obligations, preferences, and business needs in the aftermath of the COVID-19 pandemic. Workers' demands for flexibility and alternative work arrangements remain strong. In some contexts, independent contractor status may work well for both workers and employers. When using workers properly classified as independent contractors, companies generally are not required to comply with minimum wage or overtime pay requirements under the Fair Labor Standards Act; to pay unemployment tax, state or federal income tax, Social Security, or Medicare taxes for independent contractors; or to include independent contractors in retirement and benefits plans.
On January 1, 2023, employers in the State of Colorado must begin collecting and remitting insurance premiums for the voter-approved state-run Family and Medical Leave Insurance (“FAMLI”) Program. Premiums will fund paid leave benefits for qualifying Colorado employees, who can begin making claims and receiving benefits on January 1, 2024. The FAMLI Program imposes obligations on most employers, with few exceptions, although employers with ten or more employees will have additional obligations.
