On April 23, 2024, the Federal Trade Commission issued a final rule that would ban all non-compete clauses (“noncompetes”) with employees in the United States going forward.
The rule, which would create a new regulation...more
With the Corporate Transparency Act (CTA) now in effect, it is crucial for privately held mid-sized and large companies to look into and re-examine their corporate structures to ensure compliance with the new law. While the...more
A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York. Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the...more
On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum in which she opined that nearly all noncompetition agreements with employees violate the National Labor Relations...more
This week, the National Labor Relations Board overturned Trump-era precedent and returned to its previous hostility to confidentiality and nondisparagement provisions in agreements with employees. In McLaren Macomb, 372 NLRB...more
After an extensive analysis of the Fair Labor Standard Act’s (FLSA) provisions governing overtime pay as applied to highly-paid employees, the Supreme Court has upheld the FLSA’s “salary basis test” – finding that not only is...more
2/24/2023
/ Department of Labor (DOL) ,
Executive Compensation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Multi-Factor Test ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
Some of the changes imposed by the 2022 amendments to Colorado’s noncompete statute (C.R.S. §8-2-113) are clear and unambiguous. The amendments eliminated the former exception for management employees, imposed salary...more
In Lucht's Concrete Pumping, Inc. v. Horner, 255 P.3d 1058 (Colo. 2011), the Colorado Supreme Court held that continued at-will employment provides sufficient consideration for a noncompetition covenant entered into after the...more
With OSHA’s COVID-vaccination mandate now stayed (almost certainly forever), and the vaccination mandate for government contractors also stayed (probably forever), U.S. employers must decide whether to impose their own COVID...more
As employers eye the December 6, 2021 date for the first stage of compliance with the Occupational Safety and Health Administration’s “Emergency Temporary Standard” regarding COVID vaccination - including establishing a COVID...more
Colorado law is not particularly friendly to noncompete agreements. A Colorado statute prohibits all such agreements unless they fall within one of four specific exemptions....more
Last month, the Colorado Supreme Court finally resolved a longstanding issue in Colorado employment law: whether employers may have a policy or agreement that provides for forfeiture of accrued but unused vacation. The...more
On the night before Christmas Eve, the Colorado Department of Labor and Employment (CDLE) issued a surprise opinion that Colorado employers are required to provide still more paid sick leave for COVID-19 in 2021. In its...more
Employers with at least one employee in Colorado should remember that they are now required to comply with the pay transparency and promotion transparency requirements of the Colorado Equal Pay for Equal Work Act, which took...more
Yesterday, the National Labor Relations Board freed employers to take disciplinary action against abusive speech by employees targeting managers, supervisors, and co-workers. In General Motors LLC, the Board swept away years...more
As an alternative to laying off employees, many retailers may be considering furloughs – unpaid leaves or drastic reductions in work hours or work schedules – that allow them to retain employees and possibly continue to...more
Asset Buyers, beware. If the Seller has union-represented employees, and you intend to hire some or all of those employees and operate the assets as a union-free employer, take care to avoid becoming an accidental successor....more
11/1/2019
/ Asset Purchase Agreements ,
Asset Purchaser ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Duty to Bargain ,
Employer Liability Issues ,
NLRA ,
Successor Liability ,
Successors ,
Terms and Conditions ,
Union Representatives ,
Unions
Since 2016, the Defend Trade Secrets Act (DTSA) has provided employers with a federal cause of action against employees, former employees and other bad actors who misappropriate trade secrets. In addition to injunctive...more
10/11/2019
/ Contract Amendments ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Former Employee ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Pre-Employment Agreements ,
Trade Secrets ,
Whistleblower Protection Policies
When one employer purchases the assets of another and intends to employ some or all of the seller’s employees, it is very common for the asset purchase agreement to require the seller to disclose certain personnel information...more
Today, the U.S. Department of Labor finally announced its long-awaited changes to the regulations regarding overtime compensation. Effective January 1, 2020, the minimum salary required for most exemptions under the Fair...more
Colorado employees are pushing back against the recent decision allowing use-it-or-lose vacation policies in Colorado.
In Nieto v. Clark’s Market, Inc., 2019 COA 98 (Colo. App. June 27, 2019), a division of the Colorado...more
With Colorado’s return to one-party control, Colorado employers face a spate of new employment laws. Employers in Colorado should review their practices, policies, and procedures to ensure that they are in compliance with...more
7/18/2019
/ Ban the Box ,
Criminal Penalties ,
Employer Liability Issues ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
New Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Garnishment ,
Wage Theft
On March 7, 2019, the United States Department of Labor issued a notice of proposed rulemaking that would change the minimum salary levels necessary for an employee to be properly classified as exempt from the overtime...more
Following the “Call to Action” that was issued by the White House and the U.S. Department of Treasury in October, 2016 concerning what the Obama Administration perceived as overuse of non-compete agreements, a number of...more
On June 27, 2018, the U.S. Supreme Court overruled a 41-year-old legal precedent to hold that states may not compel public employees to contribute any money to the labor union that represents them. In Janus v. AFSCME, Council...more