As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all...more
We previously posted here regarding a July 1, 2024, increase in the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). Despite multiple legal challenges to the Department of Labor’s 2024 Rule,...more
7/2/2024
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional...more
4/26/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification. The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced...more
1/10/2024
/ Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
New Rules ,
Recordkeeping Requirements ,
Wage and Hour
Since March 20, 2020, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have allowed employers flexibilities with remote workers to defer physical inspection of I-9 documents temporarily...more
5/12/2023
/ Deadlines ,
Department of Homeland Security (DHS) ,
Document Retention Policies ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Policies ,
Form I-9 ,
Hiring & Firing ,
Human Resources Professionals ,
Verification Requirements
On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work...more
7/27/2022
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Guidance Update ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing...more
7/26/2022
/ Civil Rights Act ,
Department of Education ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Motion To Enjoin ,
Preliminary Injunctions ,
Sexual Orientation ,
State and Local Government ,
Students ,
Title IX ,
Title VII
As employees are increasingly returning to the office, a new amendment to existing Tennessee law regarding vaccination further complicates the landscape for employers concerning COVID-19 vaccine mandates. See the full text...more
The U.S. Supreme Court, in a 6-3 decision, has again stayed Occupational Safety and Health Administration’s (OSHA) attempt at enforcing its COVID-19 Vaccine and Testing Emergency Temporary Standard (ETS), which OSHA first...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 7, the Supreme Court heard an oral argument regarding the applications for an emergency stay of the Occupational Safety and Health Administration (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more
The U.S. Court of Appeals for the Sixth Circuit has dissolved the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more
12/22/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
OSHA ,
Stays ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) has published the long-awaited Emergency Temporary Standard (ETS) as directed by President Biden in his September 9 COVID-19 Action Plan – Path Out of the Pandemic....more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As contractors and agencies scramble to comply with the government contractor vaccine mandate, there seems to be growing confusion over whether contractors or federal agencies are responsible for evaluating whether contractor...more
10/26/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
DFARS ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joint Employers ,
Reasonable Accommodation ,
Religious Exemption ,
Subcontractors ,
Vaccinations
On September 24, following President Biden’s September 9 Executive Order, Ensuring Adequate COVID Safety Protocols for Federal Contractors, the Safer Federal Workforce Task Force (Task Force) issued new guidance on COVID-19...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Subcontractors ,
Vaccinations ,
Workplace Safety
President Biden has announced a series of measures aimed at combatting the COVID-19 pandemic which will require certain employers to set forth mandatory vaccination requirements. These measures direct the Department of...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Workplace Safety
The first few years of operations can be an overwhelming task for emerging companies, especially when it comes to navigating the wide range of employment laws that come with hiring new members of the team. Below is a list of...more
Effective July 1, 2021, Tennessee’s Constitution Carry law allows individuals over the age of 21 (or military members between ages 18 to 20) to carry a firearm, both concealed and open, with or without a carry permit. ...more
7/19/2021
/ Concealed Carry Permit ,
Concealed Weapons ,
Employee Handbooks ,
Employer Liability Issues ,
Employer No-Weapons Policies ,
Employment Policies ,
Firearms ,
Gun Laws ,
Guns-in-Trunks Legislation ,
New Legislation ,
Tennessee
Effective July 1, 2021, all Tennessee public and private entities or businesses with facilities open to the general public, and which have a formal or informal policy allowing a member of either biological sex to use any...more
The EEOC has updated its guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The new guidance clarifies that employers may offer incentives to employees to voluntarily...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Documentation ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations
The American Rescue Plan Act of 2021 (ARPA) extends tax credits to those employers who voluntarily choose to provide paid leave benefits to employees under the Families First Coronavirus Response Act (FFCRA).
As you may...more
The Equal Employment Opportunity Commission (EEOC) has released updated guidance regarding employers’ and employees’ rights and obligations related to mandatory COVID-19 vaccination.
Mandatory Vaccinations are Permitted...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
GINA ,
Health and Safety ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) has updated its Frequently Asked Questions (FAQs) regarding workplace safety and addressing topics related to COVID-19, including whether workers should wear a cloth...more
The Occupational Safety and Health Administration (OSHA) has issued new guidance regarding an employer’s obligation to record all COVID-19 illnesses among workers if the illness is “work-related.” This new obligation went...more
The following guide has been updated with the latest guidance on the employment-related provisions of the Families First Coronavirus Response Act (FFCRA) and answers to some frequently asked questions regarding providing...more
The Department of Labor has issued a Notice Poster outlining employees’ rights under the Families First Coronavirus Response Act’s (FFCRA). This poster must be displayed in a conspicuous place in a location visible to...more
3/29/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Guidance ,
Posting Requirements ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
State of Emergency ,
Unemployment Insurance