Key Points -
Originally poised to be one of the broadest non-compete bans in the country, Washington, D.C.’s scaled-back non-compete law became enforceable on October 1, 2022.
The new law prohibits non-competition...more
Key Points -
President Biden’s July 9, 2021 executive order encouraged the FTC to exercise its statutory rulemaking authority to curtail the unfair use of noncompete agreements.
Effective March 1, 2022, a person who...more
Key Points -
The DOL has withdrawn a final rule published in the waning days of the Trump administration that established a multifactor test for determining whether workers are employees or independent contractors under...more
5/11/2021
/ ABC Test ,
Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Multi-Factor Test ,
Wage and Hour
Key Points
- In Swales v. KLLM Transport Services, LLC, the U.S. Court of Appeals for the 5th Circuit established a new standard for determining whether, and to whom, court-authorized notice of a collective action lawsuit...more
The DOL has issued new regulations setting forth the test to determine whether an individual is an independent contractor or an employee under the FLSA.
Under the regulations, the “ultimate inquiry” is whether, as a matter...more
As COVID-19 continues to spread and economic uncertainty persists, many employers are implementing layoffs, pay cuts, furloughs and other operational changes that could cause them to lose the ability to enforce their...more
Employers face unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the items on their ever-expanding list is that federal and state occupational safety and health regulations require...more
Key Points -
• Tight labor markets are leading courts and legislatures to closely scrutinize noncompetes and other restrictive covenants.
• If there are changes in an employee’s job and/or the company’s business, it...more
7/16/2019
/ Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Non-Compete Agreements ,
Rebuttable Presumptions ,
Restrictive Covenants ,
Trade Secrets ,
Unenforceable Contract Terms ,
Unfair Competition ,
Wage and Hour ,
White-Collar Exemptions
• A court has ordered the EEOC to begin collecting detailed pay data on a revised EEO-1 form, and covered employers should prepare to report such data to the EEOC for calendar years 2017 and 2018 by September 30, 2019.
•...more
5/8/2019
/ Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
In response to a court order reinstating an Obama-era pay data collection rule, the Equal Employment Opportunity Commission (EEOC) has announced that covered employers will be required to report pay data and hours worked for...more
5/8/2019
/ Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour