On August 30, 2024, the Occupational Safety and Health Administration (OSHA) published a proposed rule for a new OSHA standard: Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.
Currently, there is no specific standard that regulates heat stress hazards in the workplace. Rather, OSHA currently protects workers from heat risk under OSHA’s General Duty Clause. OSHA cites the need for a standard to protect workers from persistent and serious hazards posed by heat exposure, as fatalities due to environmental heat exposure have increased in recent years. Industries experiencing frequent hospitalizations and fatalities due to heat exposure include construction, manufacturing, landscaping, agriculture, and postal and delivery service. OSHA also identified certain risks which lead to heat exposure fatalities, such as leaving employees alone after heat exposure symptoms begin, a lack of water and shade on-site, and no programs to acclimatize employees to hot work environments.
On August 20, 2024, the United States District Court for the Northern District of Texas set aside the Federal Trade Commission’s (“FTC”) proposed ban on non-compete agreements, holding the FTC’s non-compete rule “shall not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter.”
Cline Williams is proud to reveal that 34 of the firm's lawyers are listed in the Best Lawyers in America® 2025. 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 7 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 four firm attorneys were selected for inclusion in the Best Lawyers in America® 2025 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 honored to be ranked by the Chambers and Partners 2024 USA Guide. Nine attorneys in six Nebraska practice areas are being recognized. In addition, three of the firm’s practice groups are ranked.
The federal Pregnant Workers Fairness Act (the “PWFA”) was enacted on June 27, 2023. Thereafter, the United States Equal Employment Opportunity Commission (the “EEOC”) began the rulemaking process on regulations implementing the PWFA. On April 15, 2024, the EEOC issued those regulations, which provide guidance to employers on how to comply with the PWFA. The regulations are effective on June 18, 2024.
On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) announced a final rule, Non-Compete Clause Rule, which implements a nationwide ban on non-compete agreements for the vast majority of the American workforce. The final rule is currently set to take effect 120 days after its publication in the Federal Register. However, legal challenges to the FTC’s final rule have already begun, making the rule’s actual effective date uncertain.
On April 23, 2024, the U.S. Department of Labor (DOL) announced an increase to the Fair Labor Standards Act's (FLSA) salary-level threshold for the “white-collar” exemptions to overtime requirements. The DOL’s final rule expands overtime pay protections to over 4 million workers by changing the FLSA’s exemptions to overtime eligibility.
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.
