On June 26, 2026, the National Labor Relations Board (NLRB) Division of Advice released an Advice Memo regarding the lawfulness of an employer’s non-compete enforcement action. The Memo concludes that the employer’s non-compete does not violate the National Labor Relations Act (Act) and, accordingly, recommends dismissal of the charge against the employer. Below, KingSpry’s Employment Law … [Read more...] about NLRB Signals Permissive Stance on Non-Compete Enforcement
Employment News
DOL Opinion on FLSA: Am I Obligated to Pay Employees for Pre-Shift Work?
On May 28, 2026, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter addressing several questions about a public hospital’s compensation practices. The WHD expressed that the hospital’s failure to pay employees for compensable pre-shift work and its rounding practices raise serious questions as to its compliance with the Fair Labor Standards Act … [Read more...] about DOL Opinion on FLSA: Am I Obligated to Pay Employees for Pre-Shift Work?
DOJ’s New Position on Title VII Disparate Impact Liability: What Employers Need to Know
On June 9, 2026, the Department of Justice (DOJ) issued a formal opinion to the Equal Employment Opportunity Commission (EEOC), concluding that EEOC’s guidelines regarding disparate-impact liability under Title VII of the Civil Rights Act are unconstitutional. While the opinion does not eliminate Title VII’s disparate-impact provisions, it may relieve employer-liability in certain workplace hiring … [Read more...] about DOJ’s New Position on Title VII Disparate Impact Liability: What Employers Need to Know
DOL Opinion on FLSA: Is Voluntary Travel During Meal Periods Compensable?
On May 28, 2026, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter addressing whether an employee’s time spent travelling off-site during their meal period is compensable under the Fair Labor Standards Act (FLSA). Here, the WHD said “no”—an employee is not entitled to compensation for time spent voluntarily travelling off-site for meals. Below, … [Read more...] about DOL Opinion on FLSA: Is Voluntary Travel During Meal Periods Compensable?
DOL Opinion on FLSA: What Happens When Employees Work in Multiple Roles?
On May 28, 2026, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued an opinion letter, addressing whether an exempt employee can perform additional work in a secondary, non-exempt role at an hourly rate. The WHD said “yes”—the performance of additional, non-exempt work at an hourly rate does not alter the employee’s exempt status under the Fair Labor Standards Act … [Read more...] about DOL Opinion on FLSA: What Happens When Employees Work in Multiple Roles?
Recent Developments on Artificial Intelligence in the Workplace
Artificial Intelligence (AI) tools are becoming more prevalent in the workplace, allowing employers and employees alike to work smarter, faster, and better. Despite these benefits, the increased use of AI in the workplace has created legal concerns, particularly where AI bias leads to discrimination against employees and job applicants. As a result, multiple states and localities have proposed … [Read more...] about Recent Developments on Artificial Intelligence in the Workplace
