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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.

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.

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