The Virginia Legislature enacted amendments to its existing Non-Compete Act (the “Act”) on March 24. The amendments will broaden the categories of employees who cannot be subject to non-competition covenants by including any...more
Employers may now have an easier time establishing that employees are properly classified as exempt, in light of a recent unanimous ruling from the United States Supreme Court. In E.M.D. Sales, Inc., et al. v. Carrera et...more
Texas federal judge Sean D. Jordan recently blocked a new U.S. Department of Labor (DOL) Rule that would have allowed certain workers making less than $58,656 per year to automatically become eligible for overtime premium pay...more
n July 31, 2024, Massachusetts enacted a new law entitled An Act Relative to Salary Range Transparency, which requires employers disclose a pay range in job postings and advertisements. The law is slated to become...more
The U.S. Department of Labor (DOL) announced on April 23 a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July...more
6/5/2024
/ 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 ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
New York has become the first state in the nation to mandate paid prenatal leave for pregnant employees. Governor Kathy Hochul signed new legislation on April 22, 2024, to expand the New York Paid Family Leave Law (“NY PFL”)...more
A Department of Labor (DOL) proposed rule increasing the minimum salary threshold for exempt employees is projected to change the exempt status of approximately 3.4 million employees and go into effect as early as June 2024....more
3/6/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
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Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as...more
1/17/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
On February 6, 2023, New Jersey’s Governor Phil Murphy signed the Temporary Laborers’ Bill of Rights into law, which will impact over 127,000 temporary workers in the state as well as their employers. Most provisions of this...more
4/21/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Joint Employers ,
Labor Reform ,
New Jersey ,
New Legislation ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more
10/3/2022
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Federal Labor Laws ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
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Public Comment ,
Regulatory Agenda ,
Wage and Hour
Nelson Mullins is continuously monitoring trends and state law changes regarding restrictive covenants in employment agreements. Several states have recently enacted or modified legislation that may significantly restrict an...more
6/30/2022
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more
6/29/2022
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Eligibility Determination ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
New Guidance ,
Reasonable Accommodation ,
Regulatory Standards ,
Wage and Hour
On January 15, 2021, the New York City Council enacted Local Law 32 (the “Salary Transparency Act”) amending the New York City Human Rights Law to require employers to state the minimum and maximum salary for any position...more
5/6/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New York ,
NYCHRL ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
The New York City Council passed a bill on December 15, 2021 that requires job postings to include the minimum compensation for the job and will likely restrict the range of permissible content for job listings posted in the...more
Mayor Bill De Blasio signed into law two bills on January 5, 2021, 1396-A and 1415-A as introduced in 2019, regulating employment in the fast food industry. The bills create limitations that affect hiring, firing,...more
2/22/2021
/ City of New York ,
Employee Rights ,
Employer Responsibilities ,
Employment Policies ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Mayor de Blasio ,
Restaurant Industry ,
State and Local Government ,
Wage and Hour
On April 3, 2020, New York State enacted a paid sick leave law (“NY PSLL”) requiring many employers to provide paid sick leave. Under the NY PSLL, covered employees begin accruing sick leave on Sept. 30, 2020, but may only...more
Please join Nelson Mullins attorneys Mitch Boyarsky, Ann Murray, Robert Sheridan, and Roy Wyman for a webinar covering the implications that coronavirus has on employment, employee benefits, and data privacy in the workplace....more
3/13/2020
/ Coronavirus/COVID-19 ,
Data Privacy ,
Employer Group Health Plans ,
Employment Policies ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Remote Working ,
Retirement Plan ,
Sick Leave ,
Wage and Hour ,
Webinars ,
Workplace Safety
1. Non-Competition Agreements Prohibited for Low Wage Earners in Maryland -
Maryland law prohibits employers from entering into non-competition agreements with low wage workers, defined as employees who earn $15 per hour...more
On September 24, 2019, the U.S. Department of Labor (“DOL”) issued its delayed Rule increasing the annual salary level under the Fair Labor Standards Act (“FLSA”) for the overtime exemptions from the current level of $23,660...more