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DOL Raises Minimum Salary Thresholds for Overtime Exemptions

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

Important Changes to California Non-Compete Laws to Take Effect in January 2024

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

California’s New VC Diversity Reporting Law Aims to Increase Transparency

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

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

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

New Minnesota Law Bans Most Post-Employment Non-Competes: 6 Key Takeaways

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

NLRB Limits the Scope of Confidentiality and NonDisparagement Covenants

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

New FTC Rulemaking Seeks to Ban Most Non-Competes

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

IRS Publishes Guidance on the Prevailing Wage and Apprenticeship Requirements Under the IRA

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

California Adopts the FAST Recovery Act: What Fast-Food Chains Need to Know

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

Biden Signs Law Curbing Use of Arbitration Agreements for Sexual Assault and Harassment Disputes

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

US Supreme Court Stays OSHA’s COVID-19 Vaccine-or-Test Mandate

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

New Restrictions on Non-Competes and Non-Solicits: What Employers Should Know

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

PE Views: Insights on the World of Private Equity - March 2021

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

10 Q&As on D.C.’s Non-Compete Ban

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

Pandemic Underlines Whistleblowing Risks for PE

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

Organisational Culture and Conduct - The role and expectations of bystander employees: the missing piece of the puzzle?

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

Return to Work: Preparing for the Future Amid COVID-19

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

US Employment Considerations During the COVID-19 Pandemic

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

Comprehensive Overview of the Families First Coronavirus Response Act

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

US Emergency Paid Leave Act: New Relief to Mitigate COVID-19’s Economic Impact

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

US Emergency Paid Leave Bill: New Relief To Mitigate COVID-19’s Economic Impact

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

Washington State’s Noncompetition Law: What Employers Need to Know

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

Overtime Rules: US Labor Department Issues Final Rule Hiking Salary Threshold for Exempt Employees

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

Overtime Rules: US Labor Department Proposes Hiking Salary Threshold for Exempt Employees

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

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