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Court strikes down the Federal Trade Commission’s ban on non-compete agreements

Just two weeks before the Federal Trade Commission’s nationwide ban on non-compete agreements was set to go into effect, the U.S. District Court for the Northern District of Texas struck down the FTC’s non-compete rules. For...more

New DOL overtime rule takes effect for millions (except for employees of the State of Texas)

As we reported earlier this spring in the article, “Millions more U.S. workers to be eligible for overtime under final DOL rule,” the U.S. Department of Labor’s final rule raising the salary threshold for white collar workers...more

Millions more U.S. workers to be eligible for overtime under final DOL rule

Over the course of the past seven years, the U.S. Department of Labor has made repeated attempts to increase the number of exempt American employees who are eligible for overtime under the Fair Labor Standards Act (FLSA) —...more

DOL proposes new $55k salary threshold for overtime exemptions

Over the course of the past seven years, the U.S. Department of Labor has made repeated attempts to increase the number of exempt American employees who are eligible for overtime under the Fair Labor Standards Act (FLSA) –...more

Following new decision, is your employee handbook unlawful?

Two years ago, in a memo issued by the National Labor Relations Board, the agency’s general counsel signaled that one of the Board’s main priorities would be to scrutinize whether certain workplace policies unlawfully...more

SCOTUS stays OSHA ETS vaccine mandate; CMS mandate allowed to go forward

Earlier today, the U.S. Supreme Court issued two opinions concerning the OSHA Emergency Temporary Standard (ETS) vax-or-test mandate for private employers with 100 or more employees and the CMS vaccine mandate for the...more

Biden announces vaccine and testing requirement for private employers with 100+ employees

On September 9, 2021, President Biden announced an action plan designed to curb the ongoing spread of COVID-19. With cases still surging, the president directed the Occupational Safety and Health Administration to issue an...more

Newly signed American Rescue Plan offers important changes to FFCRA paid leave

Last Thursday, President Biden signed into law the $1.9 trillion stimulus package called the American Rescue Plan. While the final version of the bill did not include the much-debated increase in the federal minimum wage, it...more

Court rules DOL overstepped, strikes portions of FFCRA regulations

On Monday, August 3, 2020, a New York federal judge struck down four components of the U.S. Department of Labor’s (DOL) regulations that implemented the emergency paid leave provisions of the Families First Coronavirus...more

EEOC: Employers can’t require COVID-19 antibody testing before returning to the workplace

On June 17, 2020, the Equal Employment Opportunity Commission issued new guidance concerning the use of COVID-19 antibody testing. Relying on the CDC’s Interim Guidelines, the EEOC affirmatively stated that employers cannot...more

OSHA weighs in on use of face coverings, including non-PPE, in the workplace

On June 10, 2020, OSHA issued a series of questions and answers regarding the use of face coverings in the workplace... Cloth face coverings - OSHA stated that cloth face coverings are those face coverings that are...more

OSHA issues new guidance for determining and reporting work-related COVID-19 cases

On May 26, 2020, OSHA issued revised guidance regarding the reporting of COVID-19 cases... OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log....more

EEO data collection to be delayed until 2021 due to pandemic

On May 7, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will delay the collection of EEO data in 2020 because of the COVID-19 public health emergency. Generally, companies with 100 or more...more

DOL releases Q&A regarding Families First Coronavirus Response Act

On Tuesday afternoon, March 24, the U.S. Department of Labor issued Questions & Answers regarding the Families First Coronavirus Response Act. Notably, the DOL clarified that the leave requirements under the Act become...more

President signs Families First Coronavirus Response Act enacting paid sick leave and expanding FMLA

The number of confirmed cases of COVID-19 continues to increase in the United States. On Wednesday, March 18, 2020, to reduce the impact of this illness on individuals and businesses alike, President Trump signed the Families...more

U.S. House’s Families First Coronavirus Response Act provides paid sick leave and expands FMLA

The number of confirmed cases of COVID-19 continue to increase in the United States. On Saturday, March 14, 2020, to reduce the impact of this illness on individuals and businesses alike, the U.S. House of Representatives...more

U.S. Department of Labor goes on rulemaking frenzy

The U.S. Department of Labor (DOL) has been very active in the last couple of weeks. Last month, we alerted employers to newly published proposed rules that would raise the minimum salary level for white collar exemptions....more

DOL issues guidance on breaks, travel time, and earnings subject to garnishments

For more than 70 years, the U.S. Department of Labor’s Wage and Hour Division provided employers and attorneys with a valuable resource for determining how to comply with the federal laws and regulations the agency enforces....more

DOL rescinds prior guidance on interns, adopts primary beneficiary test

On Friday, January 5, 2018, the Department of Labor rescinded prior agency guidance from 2010 regarding internship programs for “for-profit” employers. The prior guidance had been criticized by courts as “too rigid” and...more

Department of Labor withdraws joint employer guidance

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

DOL: Most workers are employees, not independent contractors

On Wednesday morning, the U.S. Department of Labor (DOL) issued a memorandum providing guidance in helping employers to reduce the misclassification of employees as independent contractors. There is no change to any existing...more

Texas court rules disabled employees must ask for accommodations

What’s an employer to do when a disabled employee has repeated opportunities to ask for an accommodation but doesn’t act on them? In a recent case, a federal court in Texas ruled that the employer was justifiable in...more

Be careful how you treat employees after a complaint of harassment is made

Recently, the Tenth Circuit Court of Appeals issued a decision in Barrett v. Salt Lake County that emphasized the importance of not retaliating against employees who engage in protected conduct. Background...more

Don't let medical absences cloud your judgment

In late January, the Tenth Circuit Court of Appeals issued a decision in Smothers v. Solvay Chemicals Inc. (No. 12-8013, 10th Cir. Jan. 22, 2014) that emphasized the importance of conducting a proper investigation and...more

EMPLOYMENT LAW UPDATE: Tenth Circuit to employees: Onus on you to speak up about religious accommodation

On October 2nd, the U.S. Tenth Circuit Court of Appeals issued a decision that put employees on notice that the Tenth Circuit expects employees to speak up for their rights regarding religious accommodation. The...more

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