On August 20, 2024, a Texas federal court ruled that the FTC’s final rule banning most non-compete agreements (the “Non-Compete Rule”) cannot go into effect as scheduled. Many employers had been preparing to comply with the...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Set-Asides ,
Statutory Authority ,
Texas
Most employers in the United States will start the month of July with a higher salary requirement to exempt certain employees from minimum wage and overtime under the Fair Labor Standards Act (FLSA). However, a June 28th...more
On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule altering the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). This is the final step in a process that...more
4/24/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On Jan. 9, 2024, the U.S. Department of Labor (DOL) announced the upcoming publication of its final rule on how to analyze whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more
The National Labor Relations Board (NLRB) kicked off the month of August with a decision that will have rippling effects on workplace policies.
In Stericycle, Inc., the NLRB introduced new, stricter standards for...more
The U.S. Citizenship and Immigration Services (USCIS) introduced a new Form I-9 on Aug. 1, 2023. Employers are required to switch to the new Form I-9 no later than Oct. 31, 2023. In addition to clerical edits and other...more
On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9 (Rev. 08/01/23).
What is Form I-9? Employers use Form I-9 to verify the identity and employment authorization of...more
The Consolidated Appropriations Act for 2023 (CAA) was signed into law on December 29, 2022, while many Americans were visiting family or sleeping off a month of sugary treats. Despite its timing, there’s nothing “sleepy”...more
As the temperatures rise, so will pressure on employers to monitor and address heat-related concerns in the workplace.
Identifying heat illness and its related risks, including death, as a “top priority” for enforcement,...more
As many aspects of our lives return to “normal” after two years in the COVID-19 pandemic, individuals with caregiving responsibilities—for children, grandchildren, parents, partners or other family members—often remain in...more
The legal landscape is ever-changing, as new laws are passed or existing laws are interpreted or enforced differently. Brooks Pierce attorneys have identified some of the biggest potential legal issues that businesses need to...more
3/8/2022
/ Acquisitions ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Cybersecurity ,
Data Protection ,
Department of Labor (DOL) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Interest Rates ,
Investigations ,
Labor Regulations ,
Mergers ,
Representations and Warranties ,
White Collar Crimes
On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) released its much-awaited guidance on the COVID-19 vaccine in the workplace. (See section “K. Vaccinations” at this link(link is external) for the full...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Health and Safety ,
Interactive Process ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Unless you are a lawyer heading to court, you probably aren’t wearing a suit today. In fact, most people probably weren’t wearing formal work attire even before the pandemic. Across industries, jeans, flip flops, and...more
The one constant in the COVID-19 pandemic is that the guidance keeps changing. We have highlighted it before and we’ll do it again: Part of every employer’s COVID-19 preparedness and response plan needs to include the...more
Many businesses are anxious to resume operations after closing or scaling back because of COVID-19. However, trends in North Carolina COVID-19 diagnoses and hospitalizations show that the pandemic is still very much an issue....more
6/23/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Remote Working ,
Sick Employees ,
Social Distancing ,
Workplace Decontamination
As doors are re-opening and employees are returning to work, businesses should take measures to protect themselves—including their employees, customers, finances, and brand—as much as possible. Outlined below are a few...more
6/18/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
OSHA ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Sick Employees ,
Standard Operating Procedures ,
Supply Chain ,
Vendors ,
Workplace Safety
The crisis has not passed, but many employers are reaching out to us about returning their employees to work. Brooks Pierce Labor and Employment attorneys Natalie Sanders and Jessi Thaller-Moran discuss what employers should...more
As shelter-in-place orders begin to lift around the country and here in North Carolina, it is time for companies to shift from disaster response—making it through the immediate needs of the COVID-19 crisis and related...more
An employee may have been exposed to COVID-19. What do you do?
This question is becoming more common for essential businesses that continue to operate during quarantines. On April 8, the CDC issued a new Interim Guidance...more
I know it is difficult keeping track of all the moving dates and deadlines. For your convenience, here is a chart with all the current extensions. Below the chart is an update about Justice Beasley’s latest order pushing out...more
March 26, 2020, the Department of Labor (DOL) issued additional guidance on how the Families First Coronavirus Response Act (FFCRA) will be applied, the latest in a string of expected clarifications leading up to the April 1...more
Employers who revised their electronic communication policies under the National Labor Relations Board's (NLRB) Purple Communications standard may want to head back to the drawing board (again) in the new year.
In Caesars...more
1/16/2020
/ Caesars ,
Casinos ,
Electronic Communications ,
Email ,
Email Policies ,
Employee Rights ,
Employer Liability Issues ,
Hospitality Industry ,
NLRB ,
Protected Concerted Activity ,
Purple Communications ,
Unions
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
It’s afternoon on the day before forecasts are calling for a snowstorm. The excitement and trepidation around the office are contagious—will the storm be as strong as projected? Will it be a storybook snow or an icy mix with...more
On June 6, 2018, the General Counsel for the National Labor Relations Board ("NLRB") issued a memorandum announcing the NLRB's new approach to employers' policies, rules, and handbooks. In the past, the NLRB prohibited any...more