Anne Bibeau on Employer Liability Issues

EEOC Publishes Updated Guidance on Harassment in the Workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its updated guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace.” The new guidance updates and...more

4/30/2024 / Amended Regulation , EEO , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Harassment , New Guidance , Workplace Harassment Guidance

Department of Labor’s New Employee Classification Rule

The Department of Labor (DOL) recently announced a final rule covering when workers may be classified as independent contractors. The new rule, available in full on the Federal Register, is effective March 11, 2024, so...more

1/22/2024 / ABC Test , Classification , Department of Labor (DOL) , Employee Definition , Employees , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Final Rules , Hiring & Firing , Independent Contractors , Wage and Hour

Department of Labor Proposes Increasing Minimum Overtime Exemption Salary to $55,068

On August 30, the Department of Labor proposed a new rule that would make 3.6 million more U.S. workers eligible to receive overtime pay. The proposed rule would require employers to pay overtime to salaried employees whose...more

9/5/2023 / Department of Labor (DOL) , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Highly Compensated Employees , New Rules , Over-Time , Proposed Rules , Salaried Employees , Wage and Hour

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Do Non-Compete Agreements Violate the NLRA?

On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating her position that non-compete agreements violate the National Labor Relations Act (NLRA) and encouraging the...more

6/16/2023 / Employer Liability Issues , Federal Trade Commission (FTC) , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Proposed Regulation , Restrictive Covenants , Section 7 , Statutory Authority

New Federal Laws Strengthen Protections for Pregnant and Postpartum Workers

In December 2022, Congress enacted two new federal laws that protect employees and applicants who are pregnant or postpartum: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing...more

Are Your Highly Compensated Employees Exempt Under FLSA?

On February 22, 2023, the Supreme Court of the United States issued an important decision under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions Group Inc. et al. v. Michael J. Hewitt, the Court determined that...more

3/23/2023 / Employer Liability Issues , Employment Litigation , Exempt-Employees , Fair Labor Standards Act (FLSA) , Helix Energy Solutions Group Inc v Hewitt No 21-984 , Highly Compensated Employees , Non-Exempt Employees , Over-Time , Salaried Employees , SCOTUS , Wage and Hour

FTC Proposes Rule Banning Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule to ban non-compete clauses in employment agreements, which it asserts hurts workers and harms competition. The proposed rule would prevent employers from...more

1/27/2023 / Confidentiality Agreements , Employees , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Labor Reform , Labor Regulations , Non-Compete Agreements , Non-Solicitation Agreements , Proposed Rules , Public Comment , Regulatory Agenda , Restrictive Covenants , State and Local Government

HR Challenges to Managing Remote Workers

Whether the pandemic is actually over or we all just lost patience with it, it appears that society has largely returned to normal. Virtual events are giving way to in-person gatherings yet again, with most people delighting...more

11/15/2022 / Americans with Disabilities Act (ADA) , Anti-Discrimination Policies , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Human Resources Professionals , Reasonable Accommodation , Remote Working