On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context...more
4/18/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Labor Reform ,
Labor Regulations ,
Non-Compete Agreements ,
Proposed Regulation ,
Proposed Rules ,
Restrictive Covenants ,
State Bans
On August 30, 2023, the U.S. Department of Labor (DOL) issued a proposed rule that will substantially alter the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). The proposed rule...more
On April 25, 2023, the Office of Management and Budget (OMB) approved the revised Voluntary Self-Identification of Disability Form (CC-306) issued by the Office of Federal Contract Compliance Programs (OFCCP). Contractors...more
7/25/2023
/ Deadlines ,
Disability ,
EEO ,
Employees ,
Employer Liability Issues ,
Federal Contractors ,
OFCCP ,
Reporting Requirements ,
Required Forms ,
Self-Identification ,
Subcontractors
Brooks Pierce attorneys Beth Langley, Kemper Patton and Mark Davidson will present a labor and employment webinar on July 20 titled, “AI Usage in the Workplace and the Employment Implications of the Corporate Transparency...more
In three long-awaited decisions released on June 29-30, the Supreme Court has altered the legal landscape between an employer and its employees. One decision concerning affirmative action and the use of race-based decision...more
7/3/2023
/ Affirmative Action ,
Bias ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Employer Liability Issues ,
Harvard University ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Title VII ,
USPS
On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations...more
3/24/2023
/ Confidentiality Policies ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Hiring & Firing ,
New Guidance ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Policy Memorandums ,
Severance Agreements ,
Unions
In its most recent employment decision, the Supreme Court rejected an employer’s efforts to avoid paying overtime to a highly-compensated oil rig employee, finding that the employee’s daily pay rate did not satisfy the...more
3/3/2023
/ 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 ,
Minimum Salary ,
Multi-Factor Test ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more
As the use of artificial intelligence (AI) becomes more prevalent in hiring practices, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance on May 12, 2022,...more
5/13/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Interviews ,
Job Ads ,
Job Applicants ,
Screening Procedures
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced new resources to aid employers and employees in understanding the EEOC’s position regarding sexual orientation and gender identity discrimination....more
6/21/2021
/ Employee Handbooks ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
New Guidance ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Harassment Guidance
On Sept. 22, 2020, the U.S. Department of Labor (DOL) issued a proposed rule(link is external) providing guidance to employers on whether workers should be classified as employees or independent contractors under the Fair...more
9/28/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Register ,
Independent Contractors ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
On Monday, June 15, 2020, the United States Supreme Court issued a landmark ruling in three companion cases that provides much-needed clarity as to the issue of whether Title VII of the Civil Rights Act of 1964 (Title VII)...more
6/19/2020
/ 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
On April 6, 2020, the United States Supreme Court issued its 8–1 decision in Babb v. Wilkie, which resolves a circuit split over the causation standard for federal workers under the Age Discrimination in Employment Act...more
The Department of Labor (DOL) shared more insights into the Families First Coronavirus Response Act (FFCRA). These latest additions to the DOL’s guidance include a few surprises...more
4/1/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
New Guidance ,
Paid Family Leave Law ,
Sick Leave ,
Sick Pay
Employers are faced with difficult and unpleasant choices in response to the current COVID-19 crisis. Some are closing down or reducing operations. This guidance addresses your rights and obligations concerning salaried...more
On September 24, 2019, the United States Department of Labor (DOL) released its final Overtime Rule, which increases the minimum weekly salary threshold for white collar positions exempt from overtime. According to the Final...more
9/26/2019
/ Bonuses ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Our thoughts are with the individuals and businesses affected by Hurricane Florence. The Brooks Pierce team would like to help provide some peace of mind during this time of recovery. We hope the information below will be...more
9/28/2018
/ Commercial Leases ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
FEMA ,
Flooding ,
Hurricane Florence ,
Hurricane Season ,
Natural Disasters ,
Non-Exempt Employees ,
Severe Weather ,
Tax Deductions ,
Wage and Hour
For companies with employees or contractors who live or work in Massachusetts, a recently passed law has significantly changed how covenants not to compete in that state may be used. The new law, which will take effect in...more