On August 20, 2024, the U.S. District Court for the Northern District of Texas issued a memorandum opinion and order holding that the Federal Trade Commission (FTC) rule banning post-employment noncompetes (Noncompete Rule)...more
On August 15, 2024, another federal court weighed in on the question of whether the Federal Trade Commission (FTC) exceeded its authority in issuing its rule banning post-employment noncompetes (Noncompete Rule), which is...more
We provide insurers five key takeaways from recent employment caselaw and regulation, on topics including the possible banning of noncompete agreements, federal and state minimum salary increases for exempt employees,...more
As we reported in an alert last year, in 2023 the Minnesota Legislature enacted sweeping changes to the employment law landscape through the Jobs and Economic Development and Labor Omnibus Budget Bill. Now, Governor Tim Walz...more
California Gov. Gavin Newsom signed several laws impacting California employers in 2023. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect...more
On May 11, 2023, the Minnesota Legislature agreed to a new law rendering void and unenforceable all future covenants not to compete, with limited exceptions for agreements entered into in connection with the sale or...more
In 2022, California Gov. Gavin Newsom signed many laws impacting California employers. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January...more
10/14/2022
/ Cal-OSHA ,
California Privacy Rights Act (CPRA) ,
Coronavirus/COVID-19 ,
Fast-Food Industry ,
Human Trafficking ,
Layoffs ,
Marijuana ,
Paid Sick Leave ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
In April 2022, Minnesota Gov. Tim Walz signed Frontline Worker Payments into law to aid Minnesotans who worked in one of 15 frontline sectors identified in the legislation. The public purpose of the law is to “provide...more
On April 4, 2022, the Massachusetts Supreme Judicial Court held, in Reuter v. City of Methuen, that employers are strictly liable for treble wages as liquidated damages if they fail to make timely payments upon an employee’s...more
On January 13, 2022, the U.S. Supreme Court issued two significant opinions: In Nat’l Fed. of Independent Business v. Occupational Safety and Health Administration, the Supreme Court stayed enforcement of the Occupational...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On Friday, November 12, 2021, in BST Holdings, L.L.C, et al. v. Occupational Safety and Health Administration (OSHA), Case # 21-60845, the United States Court of Appeals for the Fifth Circuit issued an order affirming its...more
Today, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to ensure that their employees who report to a workplace are...more
In 2021, California Gov. Gavin Newsom signed several laws impacting California employers. The new laws — some of which recently became effective and others were signed into law just weeks ago and take effect January 1, 2022 —...more
10/22/2021
/ ABC Test ,
Agricultural Workers ,
Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emotional Support Animals ,
Governor Newsom ,
Independent Contractors ,
Non-Disparagement Provisions ,
Personal Protective Equipment ,
Quotas ,
State and Local Government ,
State Labor Laws ,
Wage Theft ,
Warehouses ,
Workplace Safety
As COVID-19 vaccines become more widely accessible, and certain localities relax COVID-19 restrictions, employers hoping to ramp up on-site operations or reduce absenteeism face a new challenge: navigating employee...more
3/9/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Access to COVID-19 vaccines continues to expand in the United States and employers are navigating many questions surrounding employee vaccination and return to work. Current polling shows a substantial number of American...more
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued “Opinion Letter: Older Worker Benefit Protection Act,” which clarifies that United States employers need not include non-U.S. citizen...more
On November 30, 2020, the California Office of Administrative Law adopted the California Department of Industrial Relations’ Division of Occupational Safety and Health’s (Cal/OSHA) emergency temporary standards, which were...more
In 2020, California Governor Gavin Newsom signed several laws impacting California employers. The new laws — some of which were signed into law just weeks ago — address several topics including sick leave, worker...more
10/21/2020
/ Board of Directors ,
California Consumer Privacy Act (CCPA) ,
Classification ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity ,
Employer Liability Issues ,
Governor Newsom ,
Sick Leave ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour
Late in the afternoon of August 28, 2020, the Internal Revenue Service (IRS) issued Notice 2020-65 (the Notice) permitting the deferral of employers’ obligation to withhold and deposit with the IRS the employee portion of...more
Effective July 25, 2020 and subject to very limited exceptions, Minnesota Governor Tim Walz’s Executive Order 20-81 requires Minnesotans to wear face coverings:
When in indoor business and public settings...more
The Coronavirus pandemic business closings started in mid-March by orders of the governors of many states. Some closings were a consequence of customer demand suddenly drying up. It has now been over two months since some of...more
In the midst of the COVID-19 pandemic, state and local “stay at home” orders and the resulting financial and business impact, many employers have implemented or are considering a range of workforce planning alternatives to...more
In recent days, manufacturers, hospitality providers, major retail chains and other employers have been reducing hours/pay or closing employment sites in response to the COVID-19 (coronavirus) pandemic. For many employers,...more
As employers respond to the daily influx of information about COVID-19, Faegre Drinker continues to update its Employer’s Action Guide and monitor dynamic federal and state developments. Some governmental agencies have...more
3/16/2020
/ Americans with Disabilities Act (ADA) ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases
Effective January 1, 2020, the Minneapolis Wage Theft Prevention Ordinance subjects employers with employees working in Minneapolis to written notice and other obligations that go beyond the requirements of the statewide wage...more