U.S. District Court Granted a Preliminary Injunction Halting Key Provisions of President Trump’s DEI-Related Executive Orders
February 27, 2025 – On February 21, 2025, United States District Judge Adam B. Abelson issued a nationwide preliminary injunction in a Maryland federal lawsuit, halting key provisions of two executive orders (EOs) issued by President Donald Trump. The two EOs—Exec. Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing, Executive Order of […]
President Trump Revokes Executive Order 11246 and Removes Affirmative Action Requirements for Federal Contractors
January 29, 2025 – On January 21, 2025, President Trump issued an executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“the Order”). The Order, consisting of eight sections, reflects a race- and sex-blind interpretation of Federal civil rights laws. It takes the position that “diversity, equity, and inclusion” (DEI) and “diversity, equity, inclusion, […]
DOL & The ‘Missing Plan Participant’ Problem/Retirement Benefits: Lost Now Found?
Retirement Benefits: Lost Now Found? January 28, 2025 – Employers know that locating terminated vested participants and beneficiaries owed benefits under a retirement plan can be difficult, in part because people move and change jobs and will forget that they may have a balance or benefit owed to them under a prior employer’s plan. However, […]
Supreme Court Definitively States the Preponderance of the Evidence Standard is a Company’s Burden of Proof for Exemptions to the FLSA
On January 15, 2025, the U.S. Supreme Court issued a unanimous opinion in E.M.D. Sales Inc. et al. v. Carrera et al. holding that the employer’s burden of proof for exemptions under the Fair Labor Standards Act (“FLSA”) is a preponderance of the evidence. In a suit alleging unpaid minimum wage or unpaid overtime, employers […]
The Kullman Firm Names Amiel J. Provosty as a Shareholder
January 1, 2025 – The Kullman Firm is pleased to announce that Amiel J. Provosty has been named as a Shareholder effective January 1, 2025. Amiel Provosty was a former trial attorney for the National Labor Relations Board (NLRB) for twelve years, then joined The Kullman Firm in September 2022. Amiel advises employers nationally in all aspects […]
The Kullman Firm Ranked as a Best Lawyers “Best Law Firm” in 2025
November 7, 2024 – The Kullman Firm is honored to be ranked in the 2025 Best Law Firms® – United States list. Regional Rankings Baton Rouge Tier 1: Labor Law – Management Tier 1: Workers’ Compensation Law – Employers Tier 2: Employment Law – Management Tier 2: Litigation – Labor and Employment New Orleans Tier […]
Federal Contractors Who File EEO-1 Data Should Consider Submitting Written Objections by December 9, 2024 to Prevent Public Disclosure
A new Freedom of Information Act (“FOIA”) request may result in disclosure of federal contractors’ and first-tier subcontractors’ Type 2 Consolidated EEO-1 Report data (“EEO-1 data”) from the 2021 filing year to the public. On October 29, 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that they will be making EEO-1 data for […]
Federal Agencies Issue Wave of Health Plan Guidance: Preventive Services, Contraception, and Cybersecurity
Last week, the Departments of Health & Human Services, Labor, and Treasury (Departments) proposed new regulations aimed at promoting access to contraception. Separately, the Internal Revenue Service (IRS) and Department of Labor (DOL) recently published additional pieces of guidance affecting health plans. Self-funded health plan sponsors in particular should review these proposed rules and recent […]
Sam Zurik, III Recognized in the 2024 New Orleans CityBusiness Leadership in Law Publication
October 18, 2024 – Sam Zurik III, a shareholder in the Kullman New Orleans office, is recognized in the 20th edition of New Orleans CityBusiness Leadership in Law. In his practice Sam defends employers in high-stakes and complex employment litigation and arbitrations of employment claims, advocates for Fortune 100 and 500 firms across the country […]
The Kullman Firm Announces New Associates Admitted to Practice in Louisiana
October 4, 2024 – The Kullman Firm is pleased to announce that Brianna R. Hanson and Anna S. Jones have officially been admitted to practice in Louisiana. Both attorneys reside in the firm’s New Orleans office. Brianna Hanson brings valuable experiences to her employment law practice. With outstanding legal research and writing skills, she enjoys […]
Fifth Circuit Affirms Labor Department’s Authority To Set Minimum Salary Requirements
In a significant win for the Biden administration, on September 11, 2024, the U.S. Fifth Circuit Court of Appeals affirmed the U.S. Department of Labor’s (DOL) authority to set salary levels governing exemptions from federal overtime pay requirements. The court confirmed the DOL’s position that salaried workers making less than $43,888 are eligible for time-and-a-half […]
The Kullman Firm Welcomes Brianna R. Hanson as an Associate
September 6, 2024 – The Kullman Firm is pleased to announce that Brianna R. Hanson has joined the firm as an associate in the New Orleans, LA, office. Brianna Hanson brings valuable experiences to her employment law practice. With outstanding legal research and writing skills, she enjoys delving deep into information and taking creative approaches […]
Federal Court Enjoins FTC Non-Compete Ban on Nationwide Basis
On August 20, 2024, the Federal Trade Commission’s rule banning almost all non-compete agreements was struck down by a federal court for the Northern District of Texas, in Ryan LLC v. Federal Trade Commission. The FTC’s rule was set to take effect on September 4, 2024, and would have rendered all new non-compete agreements unenforceable, […]
The Kullman Firm Welcomes Anna S. Jones as an Associate
August 16, 2024 – The Kullman Firm is pleased to announce that Anna S. Jones has joined the firm as an associate in the New Orleans, LA, office. Anna brings strong research and communication skills and a particular interest in labor law, she handles a variety of legal matters relating to the workplace. She serves […]
Louisiana Restricts Non-Compete Agreements for Physicians
August 9, 2024 – Following the recent national trend of restrictions on employee non-compete agreements, Louisiana Governor Jeff Landry signed Act 273 into law on May 23, 2024. This law, which becomes effective on January 1, 2025, restricts the permissible scope of non-compete agreements for physicians in Louisiana. Legislation targeting non-compete agreements typically takes aim […]
Recent Pennsylvania Federal Court Decision Creates Federal District Court Split on FTC Non-Compete Rule
July 26, 2024 – On Tuesday, July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania upheld the Federal Trade Commission’s (“FTC’s”) April 2024 final rule banning non-compete agreements, creating a split among federal district courts. In April, the FTC issued a groundbreaking final rule that effectively banned all non-compete agreements between […]
The 2024 Kullman Firm Scholarship Awarded to Ashley Brown
July 26, 2024 – In 2020, The Kullman Firm established a scholarship in furtherance of the Firm’s commitment to advance diversity within the legal profession. Each year the Kullman Firm Scholarship is awarded to a Dillard University graduate who will be attending law school. This year we are pleased to announce that the Kullman Firm […]
Sam Zurik, III Named to 2024 New Orleans CityBusiness Leadership in Law Class
July 9, 2024 – New Orleans CityBusiness has named The Kullman Firm Shareholder Sam Zurik, III as a 2024 Leadership in Law Honoree. Sam has been selected as one of fifty outstanding legal professionals in New Orleans for his successes in law and contributions to the community. In his practice Sam defends employers in high-stakes […]
Federal Court Declines to Issue Nationwide Injunction Barring Implementation of DOL Minimum Salary Threshold Increase
July 8, 2024 – On June 28, 2024, the U.S. District Court for the Eastern District of Texas granted a preliminary injunction to block the April 2024 Final Rule by the U.S. Department of Labor (DOL) aimed at increasing the minimum salary thresholds for the FLSA “white-collar” overtime exemption. The preliminary injunction only applies to […]
Texas Federal District Court Grants Preliminary Injunction Against FTC Rule Banning Non-Competes – But Only Applicable to Parties in This Specific Lawsuit
July 5, 2024–In a significant new development following the Federal Trade Commission’s (“FTC”) April 23, 2024, far-reaching final rule effectively banning all non-competition agreements, on July 3, 2024, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. Federal Trade Commission issued a limited stay and preliminary injunction of the FTC’s non-compete final […]
California’s Private Attorney General Act: Welcome Change Has Arrived
July 3, 2024 – Various labor and business groups, including the California Chamber of Commerce and California Governor Gavin Newsom, agreed in late June to certain reforms to the California Private Attorney General Act (“PAGA”). The reforms were put into proposed legislation and almost unanimously passed the California legislature last week. The bills were approved […]
New York State’s Nursing Mothers in the Workplace Act to Require Paid Breaks
July 3, 2024 – As of June 19, 2024, New York State Labor Law § 206-c requires employers to provide paid lactation breaks for all employees. The New York State Department of Labor has released revised materials, including an updated mandatory model policy on the Rights of Employees to Express Breast Milk in the Workplace […]
Supreme Court Tightens NLRB Injunction Test
June 18, 2024 – On June 13, 2024, the United States Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, 602 U. S. ____ (2024), which unified the legal standard nationwide for a Federal district court to grant a preliminary injunction under §10(j) of the National Labor Relations Act (29 U.S.C. § 160(j), […]
Reminder of OFCCP Contractor Portal Certification Deadline of July 1, 2024
Attention Federal Contractors and Subcontractors: Don’t forget to certify your compliance with Affirmative Action Program (AAP) requirements through the Contractor Portal by July 1, 2024. This reminder comes from the Office of Federal Contract Compliance Programs (OFCCP). Contractors that meet certain jurisdictional thresholds have an obligation to develop and maintain written AAPs. Covered federal contractors […]
The Kullman Firm Introduces The Summer Law Clerk Class of 2024
May 14, 2024 – The Kullman Firm is pleased to introduce our Summer Law Clerks. Our program introduces law students to the inner workings of a law office and how they will implement their knowledge in a real-world setting. This summer, the firm welcomes two sessions of clerks. Law students joining the firm this summer […]
EEOC Issues New Workplace Harassment Guidance
May 3, 2024 – On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its “Enforcement Guidance on Harassment in the Workplace,” which can be found here: https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace. This guidance is meant to update, consolidate, and replace the EEOC’s previous guidance documents on the subject issued between 1987 and 1999. The updated guidance […]
DOL Final Rule Dramatically Increases the Salary Thresholds for the FLSA’s White-Collar Exemptions as of July 1, 2024
On April 26, 2024, the Wage and Hour Division of the Department of Labor (“DOL”) will publish its Final Rule regarding 29 CFR Part 541, which governs compensation for exempt employees under the Fair Labor Standards Act’s (“FLSA”) white-collar exemptions. The DOL’s stated goal, which the contemplated regulations are clearly tailored to accomplish, is to significantly […]
The FTC Bans Non-Competition Agreements
April 25, 2024 – On April 23, 2024, the Federal Trade Commission issued its far-reaching final rule which effectively bans all post-employment non-competition agreements between employers and employees on a nationwide basis. The final rule, the product of a 3-2 vote by the Commission, concludes that non-competition agreements are an unfair method of competition, in […]
Supreme Court Lowers Plaintiffs’ Burden for Title VII Discrimination Actions
April 23, 2024 – On April 17, 2024, the United States Supreme Court handed down a 9-0 decision in Muldrow v. City of St. Louis, Missouri et al. which significantly reduced the burden for plaintiffs pursuing Title VII claims based on job transfers. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination […]
EEOC Issues Final Regulation on Pregnant Workers Fairness Act
On April 15, 2024, The U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule to implement the Pregnant Workers Fairness Act (PWFA). The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” including changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless […]
OFCCP’s Contractor Portal Opened for Certifying AAP Compliance
On April 1, 2024, the Office of Federal Contract Compliance Programs (OFCCP) began accepting online submissions from covered contractors and subcontractors to certify the current updated status of their Affirmative Action Programs (AAPs). The U.S. Department of Labor (DOL) officially announced that the submission window will close by July 1, 2024. The status of all […]
Order to Disclose 75k EEO-1 Reports Stayed Pending OFCCP’s Appeal to the 9th Circuit
March 8, 2024 – On February 16, 2024, the United States District Court for the Northern District of California granted a temporary stay of the production of 75,000 EEO-1 Reports, pending resolution of the Office of Federal Contract Compliance Programs (OFCCP) appeal to the Ninth Circuit Court of Appeals. As we previously reported, the district […]
OFCCP Ordered to Produce 75k EEO-1 Reports, Containing Gender, Racial, and Job-Category Data, Over Objections
February 16, 2024 – On January 26, 2024, the Office of Federal Contract Compliance Programs (OFCCP) for the U.S. Dept. of Labor (USDL) issued notice to federal contractors after a recent summary judgment order issued by Hon. Judge William Alsup in the case of CIR and Evans v. USDL¹. Based on the Court’s ruling, the […]
Biden Administration Moves to Require Salary Range Disclosure, Prohibit Use of Applicants’ Salary History in Hiring By Federal Contractors
January 30, 2024 – On January 29, 2024, the Biden Administration announced two new measures aimed at eliminating gender and racial gaps in average earnings among employees of the federal government and federal contractors. First, the Biden Administration has directed the Office of Personnel Management (OPM) to issue a final rule prohibiting the use of […]
DOL Publishes Long-Awaited Final Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act
January 12, 2024 – This week, the U.S. Department of Labor (“DOL”) issued its final rule on Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). This “New Rule,” effective March 11, 2024, closely follows the DOL’s 2022 proposed rule, rescinding and replacing the 2021 Independent Contractor Status Under the FLSA Rule […]
The Kullman Firm Celebrates the New Year with Two New Shareholders
January 1, 2024 – The Kullman Firm is pleased to announce the appointment of two new shareholders in the firm’s New Orleans office. George C. Drennan and Alexander C. Landin have been elected as shareholders effective January 1, 2024. George helps clients comply with immigration related laws and regulations and obtains non-immigrant and immigrant visas […]
California Legislative Updates for 2024
December 21, 2023 – California will certainly be one of the states to watch in 2024, as its active legislative session has ushered in a multitude of significant changes to the employment sphere. New guidelines are coming in the areas of leave, workplace conduct, restrictive covenants, arbitration, rebuttable presumptions of retaliation, and the prosecution of […]
Health Plans Must Now Include Gag Clause Prohibition Compliance Attestation
November 22, 2023 – A requirement passed by Congress in 2021 becomes effective as of December 31, 2023. The Consolidated Appropriations Act (“CAA”) of 2021 prohibited “gag clauses” in contracts between insurance plans, insurance issuers, and providers. The law provides that a group health plan may not enter into an agreement with a healthcare provider, […]
Ernest Malone Named “Lawyer of the Year” by Best Lawyers® 2024
November 16, 2023 – The Kullman Firm is proud to congratulate Ernest R. Malone, Jr. on being named 2024 “Lawyer of the Year” in Labor Law – Management in New Orleans on The Best Lawyers in America© 2024 list. He has been recognized by Best Lawyers® every year since 2001, including “Lawyer of the Year” […]
Alabama Exempts Overtime Compensation from State Income Tax
November 6, 2023 – Effective January 1, 2024, through June 30, 2025, Alabama has enacted a statute to exempt overtime pay received by full-time hourly employees from Alabama state income tax by excluding such wages from gross income. The exemption is only available for employees paid by the hour who work more than 40 hours […]
NLRB Issues New and Expansive Joint-Employer Rule
October 31, 2023 – Last week, the National Labor Relations Board (“NLRB”) issued its final rule on the joint-employer standard under the National Labor Relations Act (“NLRA”). This “New Rule,” effective December 26, 2023, is essentially a rollback of the NLRB’s own 2020 joint-employer rule issued during the Trump administration. The 2020 Rule Under the […]
MaryJo Roberts Recognized in the 2023 New Orleans CityBusiness Leadership in Law Publication
October 30, 2023 – MaryJo Roberts, a shareholder in the Kullman New Orleans office, is recognized in the 19th edition of New Orleans CityBusiness Leadership in Law. MaryJo advocates nationally for clients in a wide range of workplace-generated disputes from inception through resolution, whether in motion pleading, mediation, arbitration, or trial. MaryJo represents employers in […]
The Kullman Firm Announces Three New Associates Admitted to Practice in Louisiana
October 6, 2023 – The Kullman Firm is pleased to announce that Jean Carlo “J.C.” Bonilla Rivera, Alexander J. Debruge, and Darla N. Nguyen have officially been admitted to practice in Louisiana. Jean Carlo “J.C.” received his Juris Doctorate from Southern University Law Center in Baton Rouge in 2023. He received the CALI Excellence for the Future Award […]
The DOL and EEOC Formally Agree to Share Information
September 15, 2023 – On September 14, 2023, the Equal Employment Opportunity Commission (“EEOC”) and the Department of Labor Wage Hour Division (“WHD”) announced that they entered into a Memorandum of Understanding (“MOU”), which enables information sharing, joint investigations, training, and outreach. The MOU covers a broad range of activities and touches on all aspects […]
New York Enacts Legislation Outlawing Captive Audience Meetings
September 8, 2023 – On September 7, 2023, New York became the latest state seeking to further restrict employers’ ability to voice their opinions on union activities, following Governor Kathy Hochul’s signature of Assembly Bill 6604. This bill updates Section 201-d of the state’s labor law to include new restrictions related to employer communications to […]
The Kullman Firm Welcomes Alexander Debruge as an Associate
September 5, 2023 – The Kullman Firm is pleased to announce that Alexander J. Debruge has joined the firm as an associate in the New Orleans, LA, office. Alexander “Alex” Debruge will handle a wide range of employment law matters and complex issues. He received his Juris Doctorate from Tulane University in 2023, where he […]
The DOL Will Propose a Rule that Would Dramatically Increase the Salary Thresholds for the FLSA’s White-Collar Exemptions
September 1, 2023 – On August 30, 2023, the Wage and Hour Division of the Department of Labor issued a Notice of Proposed Rule Making regarding 29 CFR part 541, which governs compensation for exempt employees under the Fair Labor Standards Act’s (“FLSA”) white-collar exemptions. The Department of Labor’s stated goal, which the contemplated regulations […]
NLRB Issues Game-Changing Decision for Union Organization Attempts
September 1, 2023 – On August 25, 2023, the NLRB announced new obligations and potential legal hazards for employers if they are presented with a demand for recognition by a union that claims to have the majority support of employees. The NLRB overruled a 52-year-old precedent in the process. The new case, Cemex Construction Materials […]
Fifth Circuit Decision Increases Employer Liability Under Title VII
August 25, 2023 – Fifth Circuit Decision Increases Employer Liability Under Title VII with Broader Definition of Actionable “Employment Decisions” The recent en banc ruling in Hamilton v. Dallas County by the U.S. Court of Appeals for the Fifth Circuit has brought a momentous change to a longstanding standard under Title VII. On August 18, […]
The Kullman Firm Welcomes Jean Carlo “J.C.” Bonilla Rivera and Darla N. Nguyen as Associates
August 21, 2023 – The Kullman Firm is pleased to announce that Jean Carlo “J.C.” Bonilla Rivera and Darla N. Nguyen have joined the firm as an associates in the New Orleans, LA, office. Jean Carlo “J.C.” received his Juris Doctorate from Southern University Law Center in Baton Rouge in 2023. He received the CALI Excellence […]