New Injunction on Title IX Regulations Has Wide Ranging Application and Complicates Enforcement by Department of Education

On July 2, 2024, Judge John Broomes of the United States District Court for the District of Kansas entered a preliminary injunction in State of Kansas, et al. v. U.S. Dept. of Education et al., blocking the Department of Education from enforcing the recently released Title IX regulations within the states of Kansas, Alaska, Utah, and Wyoming. This injunction is broader than previous injunctions as it also enjoins enforcement against schools attended by members of plaintiff organizations Young America’s Foundation

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Ian Cooper Selected as a 2024 ICON Honoree by Missouri Lawyers Media

Missouri Lawyers Media honored Ian Cooper at its annual ICON awards luncheon on June 13, 2024. Ian was recognized for his long and distinguished career and for his longstanding commitment and contribution to the legal profession. Ian P. Cooper is a founding Shareholder of Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. Ian practices in the areas of employment law, higher education law, and litigation and regularly serves as lead trial and appellate counsel in significant employment lawsuits, including class actions

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Department of Labor Issues Rule Raising Salary Level for Exempt Employees

On April 23, 2024, the United States Department of Labor (DOL) released its final rule increasing the minimum salary requirements for exempt (sometimes referred to as “salaried”) employees employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as “white-collar” employees). [1] The final rule increases the minimum salary level from $35,568 per year for exempt employees to $58,656 per year. The final rule is set to roll out in two waves: Employers are required to increase

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Ian Cooper Wins Discrimination and Retaliation Case for Southern Illinois University

Ian Cooper has won a case brought under Title VII and the Age Discrimination in Employment Act brought by a former faculty member at Southern Illinois University.  The former employee claimed that he was terminated on the basis of his national origin, race, and age, and in retaliation for making complaints.  On March 31, 2024, the United States District Court for the Southern District of Illinois granted the University summary judgment on all claims.

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April 1st – USCIS Announces H-1B Cap Lottery Registration Selections Completed and New Filing Fees and Forms Implemented

On April 1, 2024, USCIS announced that it has received enough electronic H-1B cap registrations during the “initial registration period” to reach the fiscal year (FY) 2025 H-1B cap.  It is uncertain whether there will be subsequent H-1B cap selections, based on the actual filings with USCIS. USCIS will begin accepting H-1B cap petitions as of today, and selected registrants must file their petitions within the filing timeline provided in their selection notice, which will be no more than 90

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Tueth Keeney Cooper Mohan & Jackstadt, PC Named A Top Place for Women to Work in New “Women in the Workplace” Report

Tueth Keeney was recognized by the Women’s Foundation of Greater St. Louis (WFSTL) as a top place for women to work in the seventh annual “Women in the Workplace: Employment Scorecard.” Tueth Keeney was recognized as one of 14 St. Louis employers demonstrating excellence in four areas of workplace gender equity – leadership, compensation, flexible work policies, and recruitment and retention.

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Veronica Potter and Ian Cooper Win MHRA Jury Trial for University

Veronica Potter and Ian Cooper won a five-day jury trial for Washington University on March 1, 2024, in St. Louis County Circuit Court. The plaintiff was a former employee of the University who claimed he was terminated because of his race and his prior complaints, and that he was subjected to a hostile work environment. The claims were submitted to the jury under the MHRA’s prior “contributing factor” standard of liability.  After five days of evidence, the jury returned a

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Department of Labor Announces Independent Contractor Final Rule

On January 9, 2024, the U.S. Department of Labor (DOL) issued its final rule regarding how to determine who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The final rule rescinds the DOL’s 2021 Independent Contractor Rule that was published on January 7, 2021. Previously, the DOL announced on March 11, 2021 that this rule would be rescinded and replaced, with the proposed rule being published on October 13, 2022.

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Ian Cooper And Jenna Lakamp Win Novel Age Discrimination Case For Southern Illinois University

Ian Cooper and Jenna Lakamp have won a case brought under the Age Discrimination Act, a federal statute prohibiting age discrimination against students by universities and other recipients of federal funds. The case was brought by a former student in Southern Illinois University’s Nurse Anesthetist graduate program in the United States District Court for the Southern District of Illinois. 

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Comment Period Closes for Proposed FLSA Regulation Updating Salary Level

On August 30, 2023, the United States Department of Labor (DOL) announced a proposed rule that would increase the minimum salary requirements for individuals employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as the “white-collar” or “EAP exemption”). The DOL received approximately 33,309 comments during the notice and comment period, which closed on November 7, 2023. We are now waiting for the DOL to publish the final version of the rule.

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