As readers of this blog know, this past Spring, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (the “Non-Compete Rule”) in late April 2024, purporting to ban nearly all employment-related...more
As in years past, the number of lawsuits filed against hotels, restaurants, and other places of public accommodation alleging that their websites violate the Americans with Disabilities Act (“ADA”) has continued to rise...more
7/22/2024
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Attorney-Client Privilege ,
Continuing Legal Education ,
Disability Discrimination ,
Hospitality Industry ,
Public Accommodation ,
Standing ,
Webinars ,
Website Accessibility ,
Website Owner Liability ,
Websites
As many of you may have heard by now, on April 23, 2024, almost exactly one year after it set forth its Proposed Rule regarding Non-Compete Clauses, the Federal Trade Commission (FTC) issued a pre-publication version of its...more
On Monday April 8, 2024, Attorney General Merrick Garland signed the final rule under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people...more
There is a nationwide trend to restrict the use of employee non-compete agreements, and employers should remain informed of the changes because the stakes are high. The consequences of noncompliance can include civil as well...more
3/19/2024
/ Continuing Legal Education ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Webinars
On January 12, 2018, the Maryland General Assembly overrode Gov. Larry Hogan’s veto to pass the Maryland Healthy Working Families Act (the “Act”), and in so doing, Maryland became the ninth state in the country to require...more
Depending on your industry, it may be commonplace for you as an employer to require medical examinations of employees for a specific purpose in order to ensure the safety and health of those employees. This often occurs, for...more
On August 31, 2017, a Texas federal judge invalidated the Obama administration’s controversial rule expanding overtime protections to millions of white collar workers, saying the U.S. Department of Labor (DOL) improperly used...more
Employers throughout the nation who have been preparing to comply with the revised Employer Information Report (EEO-1) will be pleased to learn that the Office of Management and Budget’s Office of Information and Regulatory...more
Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling. In that...more
Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the...more
Our retail and hospitality clients often ask whether the Americans with Disabilities Act (“ADA”) requires their websites to be accessible for individuals with disabilities. Unfortunately, as we have previously explained,...more
6/16/2017
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
In light of the current political climate and the corresponding lack of legislation being enacted at the federal level, some of the more liberal states and localities have begun to take matters into their own hands and enact...more
The rise in medical marijuana legislation poses many interesting questions for employers - especially national employers where state laws may differ drastically on this issue. State legislation of the lawful use of cannabis...more
While large companies typically have human resources departments or in-house counsel to advise on the myriad of complex employment laws, start-ups and small businesses are often operating in the dark regarding these key...more
4/4/2017
/ Anti-Discrimination Policies ,
Compliance ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Hiring & Firing ,
Human Resources Professionals ,
Local Ordinance ,
Separation Agreement ,
Small Business ,
Startups ,
State Labor Laws ,
Wage and Hour ,
Webinars
The Department of Labor was extremely active in 2016 as President Obama’s second term came to a close. From more than doubling the threshold salary level to be classified as an exempt employee to requiring employers provide...more
3/8/2017
/ Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Exempt-Employees ,
Federal Contractors ,
Minimum Salary ,
Obama Administration ,
OSHA ,
Reporting Requirements ,
Sick Leave ,
Threshold Requirements ,
Trump Administration ,
Wage and Hour ,
Webinars ,
White-Collar Exemptions
As readers of this blog are aware, President Trump originally chose Andrew Puzder, the CEO of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, as his Secretary of Labor. However, on February 15, 2017, one day...more
A common question we often get asked by our health and country club clients is whether their trainers, tennis and golf professionals, and other similar employees may be considered commissioned employees of “retail or service...more
OSHA has long enforced sanitation and accessibility standards for restrooms for workers – an idea that generally makes sense viewed as a health concern. In the last few years, however, new policies at the state and federal...more
During this recent election season, in addition to choosing the next President of the United States, voters in many states had a hand in dictating the future of legal marijuana use in this country. Previously, only Colorado,...more
In late September 2016, twenty-one states led by Texas and Nevada, along with the U.S. Chamber of Commerce and other business groups, challenged the U.S. Department of Labor’s (“DOL”) new overtime exemption rule set to take...more
Following President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order (EO 13673) — in August the Federal Acquisition Regulatory (FAR) Council in conjunction with the Department of Labor (DOL) issued its...more
Employers must beware as the U.S. Department of Labor (“DOL”) cracks down on what it perceives as rampant misclassifying employees as contractors and shirking other responsibilities, such as safety training, because a worker...more
Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the...more
“Off-the-clock” work has become an ever increasing concern for employers in the past few years as the use of smartphones has permeated into all areas of our lives, including work. The U.S. Department of Labor’s release of...more