Employers may need to raise exempt employee salaries or reclassify them as non-exempt if the new salary thresholds go into effect.
On April 23, 2024, the Department of Labor (DOL) issued a new rule (the DOL Rule) that...more
5/3/2024
/ Compliance ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Employers should take stock of restrictive covenant agreements that their current and former workforce have signed and which remain in effect.
California recently passed two laws amending Section 16600 of the California...more
Venture capital firms should begin planning now for compliance to avoid monetary penalties or court action. California Governor Gavin Newsom signed Senate Bill No. 54 (SB 54) into law on October 8, 2023.
The bill is...more
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement.
Regulators on both sides of the Atlantic are placing...more
9/29/2023
/ Acquisitions ,
Anti-Competitive ,
Department of Justice (DOJ) ,
Employment Contract ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
New Guidance ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Risk Mitigation ,
Strategic Enforcement Plan ,
UK ,
UK Competition and Markets Authority (CMA) ,
Wage-Fixing
Minnesota has enacted one of the strictest state non-compete laws in the US, banning almost all post-termination non-competes between employers and their employees and between employers and certain independent contractors...more
6/8/2023
/ Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Independent Contractors ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws
Employers should review and tailor their confidentiality and non-disparagement covenants to mitigate risk of a finding that such covenants are unlawful.
On February 21, 2023, the National Labor Relations Board (the NLRB)...more
FTC proposes a new rule that would ban non-competes in most situations; brings enforcement actions challenging non-competes as unfair methods of competition.
On January 5, 2023, the Federal Trade Commission (FTC) issued a...more
Projects that start construction within 60 days from the publication of the Notice are exempt from the requirements.
Key Points:
..Taxpayers now have until January 29, 2023, to start construction on a project to avoid...more
The Act has the potential to significantly increase wages for restaurant employees and to impose work scheduling limitations on restaurant companies.
Key Points:
..Restaurant companies that are part of a chain with...more
The new legislation may significantly impact the utility of mandatory and voluntary arbitration agreements in the employment setting.
Key Points:
..The law permits predispute arbitration agreements and joint, class,...more
The stay means employers are currently not required to mandate vaccines or testing under OSHA rules.
Key Points:
..On January 13, 2022, the US Supreme Court stayed the vaccine-or-test emergency temporary standard...more
1/17/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
Employers should review their form agreements and practices to determine what modifications may be required to comply with new restrictions in Illinois, Oregon, Nevada, and Washington, D.C.
Key Points:
..Effective...more
Employers with 100 or more employees may wish to begin preparing for the emergency temporary standard’s imminent deadlines, despite pending legal challenges.
...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Masks ,
Notice Requirements ,
OSHA ,
Preemption ,
Reasonable Accommodation ,
Religious Exemption ,
Reporting Requirements ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Creative Uses of Collateral Present New Financing Opportunities for PE -
Raising fresh capital for portfolio companies in times of financial stress is always a delicate balancing act between attracting new lenders and...more
3/18/2021
/ Balance Sheets ,
Capital Raising ,
Collateral ,
Coronavirus/COVID-19 ,
Financing ,
Gaming ,
Initial Public Offering (IPO) ,
Investors ,
Private Equity ,
Private Equity Firms ,
Share Classes ,
Target Company ,
Venture Capital ,
Video Games ,
Whistleblowers
In passing the Ban on Non-Compete Agreements Amendment Act of 2020, Washington, D.C., joins California and a handful of other states in prohibiting virtually all non-competes. Key Points:
..The Act invalidates...more
In a changing social landscape, PE firms should conduct corporate culture due diligence while also ensuring the implementation of robust complaints procedures. As global businesses react to the pandemic and social movements,...more
This article explores whether culture-oriented organisations may be missing an important trick by effectively overlooking the potential real-time interventional role of employees who observe a colleague’s inappropriate...more
Companies planning to reopen offices face numerous challenges, including how to handle employee illness, privacy rights, and more.
Companies preparing for a return to work amid the ongoing COVID-19 pandemic face a number...more
The COVID-19 pandemic has created bleak economic conditions for many businesses, forcing them to undertake or consider drastic changes to their workforce. Although each employer’s business needs vary and require individual...more
The FFCRA requires covered employers to provide emergency paid leave to eligible employees who cannot work due to qualifying COVID-19-related reasons.
As Latham & Watkins previously reported, President Donald J. Trump...more
The legislation provides COVID-19-related paid leave that impacts many employers, but important questions remain.
Key Points:
..The Act impacts employers with one to 499 employees, and will be effective no later than...more
The legislation would enact coronavirus-related paid leave requirements that would affect many employers, but important questions remain.
Key Points:
..As currently drafted, the bill would impact employers with one to...more
The new state law reflects a trend among other states including New Hampshire, Maine, Maryland, Oregon, and Rhode Island to enact noncompetition legislation.
Key Points:
Under Washington State’s new noncompetition law,...more
New US Labor Department regulation, to take effect January 1, 2020, raises the minimum base salary for exempt employees to US$35,568.
Key Points: The new regulation:
..Increases the minimum base salary for exempt...more
Highly anticipated proposal raises the minimum base salary for exempt employees to US$35,308, while formally rescinding the enjoined 2016 final rule that would have doubled the current minimum level.
Key Points:
•...more
3/13/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions