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Federal Court Vacates FTC’s Non-Compete Rule

As readers of this blog know, this past Spring, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (the “Non-Compete Rule”) in late April 2024, purporting to ban nearly all employment-related...more

[Webinar] ADA Website Compliance Obligations for Businesses - October 23rd, 1:00 pm EST

As in years past, the number of lawsuits filed against hotels, restaurants, and other places of public accommodation alleging that their websites violate the Americans with Disabilities Act (“ADA”) has continued to rise...more

FTC Finalizes Non-Compete Rule – Prohibiting All New Non-Compete Agreements

As many of you may have heard by now, on April 23, 2024, almost exactly one year after it set forth its Proposed Rule regarding Non-Compete Clauses, the Federal Trade Commission (FTC) issued a pre-publication version of its...more

New Website Accessibility Rule to Go into Effect

On Monday April 8, 2024, Attorney General Merrick Garland signed the final rule under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people...more

[Webinar] What Employers Should Know about the Changing Legal Landscape of Non-Compete Laws - May 15th, 1:00 pm EST

There is a nationwide trend to restrict the use of employee non-compete agreements, and employers should remain informed of the changes because the stakes are high. The consequences of noncompliance can include civil as well...more

Maryland Employers Beware — Paid Sick Leave is Quickly Approaching

On January 12, 2018, the Maryland General Assembly overrode Gov. Larry Hogan’s veto to pass the Maryland Healthy Working Families Act (the “Act”), and in so doing, Maryland became the ninth state in the country to require...more

Employers Must Consider the ADA Before Requiring Medical Examinations

Depending on your industry, it may be commonplace for you as an employer to require medical examinations of employees for a specific purpose in order to ensure the safety and health of those employees. This often occurs, for...more

Obama Era Overtime Rule Officially Struck Down

On August 31, 2017, a Texas federal judge invalidated the Obama administration’s controversial rule expanding overtime protections to millions of white collar workers, saying the U.S. Department of Labor (DOL) improperly used...more

OMB Suspends New EEO-1 Reporting Data Requirement

Employers throughout the nation who have been preparing to comply with the revised Employer Information Report (EEO-1) will be pleased to learn that the Office of Management and Budget’s Office of Information and Regulatory...more

Businesses Should Prepare For Predictive Scheduling Laws

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling. In that...more

[Webinar] Joint and Multi-Employer, Independent Contractor, and Temp Worker Employment Law and OSHA Issues - July 11th, 1:00pm ET

Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the...more

Federal Court in Florida Rules that a Grocery Store Must Make its Website Accessible

Our retail and hospitality clients often ask whether the Americans with Disabilities Act (“ADA”) requires their websites to be accessible for individuals with disabilities. Unfortunately, as we have previously explained,...more

A New Trend — States Banning Questions Regarding Salary

In light of the current political climate and the corresponding lack of legislation being enacted at the federal level, some of the more liberal states and localities have begun to take matters into their own hands and enact...more

[Webinar] Recurring Marijuana Issues in the Workplace in Light of New Legislation - May 24th, 1:00pm EDT

The rise in medical marijuana legislation poses many interesting questions for employers - especially national employers where state laws may differ drastically on this issue. State legislation of the lawful use of cannabis...more

[Webinar] Key Employment Law Issues for Start-ups and Other Small Businesses, Including Relevant California Laws - April 19th,...

While large companies typically have human resources departments or in-house counsel to advise on the myriad of complex employment laws, start-ups and small businesses are often operating in the dark regarding these key...more

[Webinar] A Review of the DOL's Major 2016 Regulatory Initiatives and How (and / or Whether) those will be Implemented in the...

The Department of Labor was extremely active in 2016 as President Obama’s second term came to a close. From more than doubling the threshold salary level to be classified as an exempt employee to requiring employers provide...more

Trump Taps Alex Acosta for New Department of Labor Secretary

As readers of this blog are aware, President Trump originally chose Andrew Puzder, the CEO of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, as his Secretary of Labor. However, on February 15, 2017, one day...more

Exploring FLSA Section 7(i) — Can You Use it to Exempt Commissioned Employees from Overtime?

A common question we often get asked by our health and country club clients is whether their trainers, tennis and golf professionals, and other similar employees may be considered commissioned employees of “retail or service...more

OSHA and Employment in the Workplace Bathroom: Transgender, ADA, Sanitation and Accessibility Issues

OSHA has long enforced sanitation and accessibility standards for restrooms for workers – an idea that generally makes sense viewed as a health concern. In the last few years, however, new policies at the state and federal...more

States Continue Trend to Legalize Marijuana

During this recent election season, in addition to choosing the next President of the United States, voters in many states had a hand in dictating the future of legal marijuana use in this country. Previously, only Colorado,...more

District Court Judge Grants Injunction Putting DOL Overtime Rule on Hold

In late September 2016, twenty-one states led by Texas and Nevada, along with the U.S. Chamber of Commerce and other business groups, challenged the U.S. Department of Labor’s (“DOL”) new overtime exemption rule set to take...more

Fair Pay and Safe Workplaces Rule Temporarily Put on Hold

Following President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order (EO 13673) — in August the Federal Acquisition Regulatory (FAR) Council in conjunction with the Department of Labor (DOL) issued its...more

Employment Law and OSHA Concerns with Temps, Contractors, and Joint- and Multi- Employer Sites

Employers must beware as the U.S. Department of Labor (“DOL”) cracks down on what it perceives as rampant misclassifying employees as contractors and shirking other responsibilities, such as safety training, because a worker...more

[Webinar] Is That My Employee? Multi-Employer, Joint-Employer, Independent Contractors and Temp Workers - August 16th, 1:00pm EDT

Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the...more

Final Overtime Rule Creates New Challenges in Limiting Off the Clock Work

“Off-the-clock” work has become an ever increasing concern for employers in the past few years as the use of smartphones has permeated into all areas of our lives, including work. The U.S. Department of Labor’s release of...more

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