HR News: Injunction Junction, What's Your Function? with Julia Gannaway

Good Morning, HR

🎵Injunction Junction, what’s your function? Shooting down rules, and actions, and causes…🎵

In episode 164, Coffey talks with Julia Gannaway about the impact of the end of Chevron deference on several recent court decisions. The discuss the power shift to administrative agencies under Chevron deference; the Supreme Courts’ rationale in the Loper decision; the nationwide injunction against the Federal Trade Commissions’ noncompete rule; the Supreme Court’s Starbucks decision holding the National Labor Relations Board to a higher standard when seeking injunctions; the impact of the Fifth Circuit’s overruling of the Department of Labor’s “tip credit rule;” and whether this trend will extend to the DOL’s latest changes to the salary requirements for exempt employees.

Links to stuff they talked about are on our website at https://goodmorninghr.com/EP164 and include the following topics:

- School House Rock: Conjunction Junction
- The End of Chevron Deference: What the Supreme Court’s Ruling in Loper Bright Means for the Regulated Community
- Practical Guidance on Labor and Employment Issues in a Post-Chevron World
- Legal Challenges to the U.S. Department of Labor’s New Overtime Rule
- Texas federal court partially enjoins DOL’s overtime final rule
- Supreme Court, in Starbucks Ruling, Curbs Labor Regulator’s Authority: In a blow to the National Labor Relations Board, the justices made it more difficult to order employers to reinstate fired workers.
- Starbucks v. McKinney: Implications of the Supreme Court’s Ruling on 10(j) Injunctions
- Judge Issues Nationwide Injunction on FTC Noncompete Final Rule,
- Judge Tosses FTC Ban on Noncompete Agreements
- Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers

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About our Guest:

Julia Gannaway is a 1991 graduate of Texas A&M with an economics degree and obtained her J.D. from the University of Houston in 1994. Her law firm – Ross, Gannaway, Clifton PLLC – dedicates itself solely to assisting employers. She advises clients on matters relating to federal and state agency investigations, conducts employer investigations, prepares and revises employer handbooks, and advises clients on pay matters including the FLSA and the Texas Pay Day Act. She is a member of the Texas Bar College. Julia currently serves on the Fort Worth HR Board of Directors as Legal and Legislative Director.

Julia Gannaway can be reached at

https://rossgannaway.law

https://www.linkedin.com/company/rossgannawayclifton

About Mike Coffey:

Mike Coffey is an entrepreneur, human resources professional, licensed private investigator, and HR consultant.

In 1999, he founded Imperative, a background investigations firm helping risk-averse companies make well-informed decisions about the people they involve in their business.

Today, Imperative serves hundreds of businesses across the US and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.

Mike has been recognized as an Entrepreneur of Excellence and has twice been named HR Professional of the Year.

Additionally, Imperative has been named the Texas Association of Business’ small business of the year and is accredited by the Professional Background Screening Association.

Mike is a member of the Fort Worth chapter of the Entrepreneurs’ Organization and volunteers with the SHRM Texas State Council.

Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the HR Certification Institute. He is also a SHRM Senior Certified Professional (SHRM-SCP).

Mike lives in Fort Worth with his very patient wife. He practices yoga and maintains a keto diet, about both of which he will gladly tell you way more than you want to know.

Learning Objectives:

1. Understand the history of the Chevron rule and the impact of the Loper ruling on administrative agencies.
2. Make well-informed decisions about the use of noncompete agreements following the vacation of the Federal Trade Commission’s rule by a federal court.
3. Consider adjustments to tipped employees’ compensation compliant with federal law.