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DOL Working Overtime To Increase Salary Exemption Threshold

On August 30, 2023, the U.S. Department of Labor (“DOL”) announced its proposed watershed rule change to employee exemptions under the Fair Labor Standards Act (“FLSA”). This proposed rule, among other changes, would increase...more

FTC Proposes Ground-Breaking Rule Banning Non-Compete Clauses in Employment Contracts Nationwide

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that would ban the use of non-compete provisions in employment contracts and require employers to nullify any existing non-compete clauses...more

Congress Expands Pregnant and Nursing Worker Protections in the New Year

Congress worked overtime over the holidays to pass the robust 2023 omnibus spending bill and avoid a government shutdown. Among its provisions are two significant acts related to workplace rights for pregnant and nursing...more

Two More States Enact CROWN Act Laws Prohibiting Discrimination Based on Hair Texture and Style

Louisiana and Massachusetts recently became the latest two states to pass laws on Creating a Respectful and Open World for Natural Hair (CROWN Act). CROWN Act laws generally prohibit discrimination based on hairstyles and...more

U.S. Supreme Court To Review Vaccine Mandates

Following the U.S. Sixth Circuit Court of Appeals three-judge panel handing down a split decision reinstating the OSHA Emergency Temporary Standard (“ETS”) vaccination mandate, numerous emergency applications were filed with...more

Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities

Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing...more

OSHA’s Vaccination and Testing ETS Suspended

On Friday, November 5, Snell & Wilmer published a Legal Alert regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard ("ETS"). In that Legal Alert, we noted that...more

COVID-19 Vaccination and Testing ETS

Almost two months after President Biden’s announcement of his administration’s mandatory vaccination plan, yesterday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) published its...more

NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers

In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers...more

President Biden Issues Executive Order Encouraging Federal Rule Makers to Limit or Ban Non-Competes

On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One...more

Can Companies Use the Outside Sales Exemption During a Pandemic?

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees...more

President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty

On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda1–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in...more

Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations

On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus...more

SBA Publishes PPP Flexibility Loan Forgiveness Interim Final Rule and Updated Applications

On June 19, the Small Business Administration (SBA) published an update to its Interim Final Rules (New IFR) to reflect changes to the Paycheck Protection Program (PPP) put in place under the new Paycheck Protection Program...more

Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments....more

Congress Adds More Flexibility to Paycheck Protection Program

On June 3, the United States Senate passed the “Paycheck Protection Program Flexibility Act” (Act), which is designed to create additional flexibility for borrowers under the terms of the Paycheck Protection Program (PPP). ...more

SBA Publishes Loan Forgiveness Interim Final Rule

On May 22, the Small Business Administration (SBA) published its long-awaited Interim Final Rule regarding loan forgiveness requirements (IFR) for the Paycheck Protection Program (PPP). The new IFR confirms several key terms...more

SBA Publishes Loan Forgiveness Application for Paycheck Protection Program

On May 15, the Small Business Administration (SBA) published its long-awaited Loan Forgiveness Application and Instructions for Borrowers (Application). The Application clarified certain forgiveness rules and calculations for...more

Employees' Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7...more

The DOL Updates Its Model Notice of Employee Rights Under the Families First Coronavirus Response Act

The United States Department of Labor (“DOL”) updated its “model” notice of employees’ rights pursuant to the Families First Coronavirus Response Act (“FFCRA” or “Act”). This updated model notice must be posted or distributed...more

Practical Guidance for Employers Grappling With the Coronavirus Threat

This week, the World Health Organization upgraded the global risk of the new coronavirus (COVID-19) to “very high” with over 83,000 cases being confirmed, including dozens in the United States. Employers are grappling with...more

U.S. Department of Labor Issues New Rule Clarifying Exclusions from Overtime Calculation

On December 12, 2019, the U.S. Department of Labor (“DOL”) finalized a new rule that lets employers leave several perks, including tuition benefits, paid leave cash-outs, and some bonuses, out of the formula used to calculate...more

U.S. Department of Labor Issues Final Salary Threshold Rule, Effective January 1, 2020

On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to make an estimated 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). The DOL’s final rule...more

Critical Issues for Employers in the Hiring Process: I-9 Compliance, Disability Inclusion, and Interview Questions

Hiring & Immigration: Form I-9 Compliance - Of the myriad of new hire documents that must be completed, the Form I-9 is one of the most important when it comes to immigration compliance. The Form I-9 is used for...more

U.S. Supreme Court Adopts a “Fair Reading” Standard for FLSA Exemptions

On April 2, 2018, the U.S. Supreme Court issued its highly anticipated ruling in Encino Motorcars, LLC v. Navarro. Marking the second time the case was heard by the Supreme Court, the Court held that automobile dealership...more

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