The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions.
The FTC Final Rule imposes a...more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
The Dartmouth Men’s Basketball Team voted 13-2 in favor of being represented by SEIU Local 560.
Dartmouth now has until March 12 to file objections to the election results....more
Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more
On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more
The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually.
The proposed rule would also raise the threshold for “highly compensated...more
On Friday, August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations that expand the definitions of medical conditions that may require employer accommodations under the Pregnant Workers...more
To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation....more
The New York legislature has passed a bill banning future employee non-competes, regardless of pay thresholds or job functions, and even in the sale-of-business context.
The bill allows limited customer non-solicitation...more
With bank uncertainty making headlines, we answer employers’ most frequently asked questions about the consequences of payroll delays, strategies for mitigating risk and more.
...more
3/17/2023
/ 401k ,
Banking Sector ,
COBRA ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Income Taxes ,
IRS ,
Medicare ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Penalties ,
Risk Mitigation ,
Trust Fund Recovery Penalty (TFRP) ,
Unemployment Insurance ,
Voluntary Fiduciary Compliance Program (VFCP) ,
Voluntary Reduction in Force
The NLRB recently deemed broad confidentiality and non-disparagement provisions in a severance agreement for non-supervisory workers unlawful, in a decision likely to have broad implications for employers in both unionized...more
A number of recent case law and regulatory updates—at both the state and federal levels—carry important implications for California employers in the upcoming year....more
The Notice would ban all existing and future non-compete agreements with workers, with a narrow exception in connection with the sale of a business by any individual holding at least a 25% interest in such business.
The...more
The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.”
The California Supreme Court held that employers must pay non-exempt...more
7/26/2021
/ CA Supreme Court ,
California ,
Class Action ,
Department of Labor (DOL) ,
Labor Code ,
Labor Commissioners ,
Meal Penalties ,
New Regulations ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Wages
Employers looking to reopen or continue in-person operations should be aware of the new Employer Playbook and FAQs issued by the California Department of Public Health.
California has issued industry-specific guidance,...more
8/11/2020
/ California Family Rights Act (CFRA) ,
CDPH ,
Centers for Disease Control and Prevention (CDC) ,
Compliance ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employee Training ,
Enforcement ,
New Guidance ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Sick Leave ,
Social Distancing
New standard grants more leeway to employers to prohibit abusive conduct, even in connection with otherwise protected, concerted activity.
The Board’s new standard will allow employers more predictability and discretion to...more
Virginia employers must comply with a host of new employment laws.
Virginia has enacted a number of significant changes to its employment laws to establish new protections and rights for employees.
These changes...more
The U.S. Supreme Court held that Title VII’s prohibition against sex discrimination encompasses a prohibition against employment discrimination on the basis of sexual orientation or gender identity.
Employers who were not...more
6/23/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Employers who plan to resume business operations and return employees to the physical workplace after the relaxation of COVID-19 stay-at-home orders must consider how to best balance the reopening of their businesses with the...more
5/4/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
CBAs ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Discrimination ,
EFMLA ,
EPSLA ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Non-Essential Businesses ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
Telecommuting ,
Workplace Safety
EEOC FAQs provide additional guidance on complying with Americans with Disability Act requirements while safeguarding against COVID-19 transmission.
EEOC greenlights employer-administered COVID-19 testing and temperatures...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Virus Testing ,
Workplace Safety
The Department of Labor issues guidance on federally funded initiatives to increase individuals’ unemployment insurance entitlement under the CARES Act.
States may temporarily increase unemployment compensation by $600 per...more
U.S. Family First Coronavirus Response Act (FFCRA) paid sick leave provisions became effective April 1, 2020.
Final Temporary Rule from Department of Labor (DOL) provides employers with additional interpretive guidance,...more
4/7/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
IRS ,
Paid Leave ,
Relief Measures ,
Sick Leave ,
Small Business ,
Tax Credits
California Governor Gavin Newsom has signed numerous pro-employee bills into law that will impact all Golden State employers starting January 1, 2020. For now, preparation and compliance planning are essential.
Employers...more
11/22/2019
/ Arbitration Agreements ,
Breastfeeding ,
Contract Terms ,
Corporate Counsel ,
Double Recovery ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Mandatory Arbitration Clauses ,
No-Rehire Provisions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
The SHIELD Act will impose substantial new obligations on any employer with an employee residing in New York State, as well as on many employers across the country that conduct online hiring.
Regardless of their location or...more
10/8/2019
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
Electronically Stored Information ,
Employer Liability Issues ,
Employer Mandates ,
Personal Information ,
Popular ,
Privacy Laws ,
SHIELD Act ,
State Data Breach Notification Statutes