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Virginia Expands Law on Non-Compete Covenants

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

Supreme Court Rejects Heightened Evidentiary Standard for FLSA Cases

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 Court Strikes Down DOL’s Overtime Rule

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

Massachusetts Enacts Salary Transparency Law

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

DOL Announces Rule Increasing Minimum Salary Threshold for Exempt Employees

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

New York Employers Must Now Provide Paid Prenatal Leave

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

Department of Labor Issues New Rule Regarding Classification of Independent Contractors

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

Recent New Jersey Law Places Temporary Employers Under Regulatory Scrutiny

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

NLRB Proposes to Expand Joint-Employer Liability Standard

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

State Law Restrictive Covenants Update

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

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

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

New York City Council Passes Amendment to the Salary Transparency Law

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

New York City Council Approves Bill Regulating Job Postings

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

New York City Enacts Protections for Fast Food Industry Workers Against Termination and Scheduling Changes

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

A Comparative Analysis of the New York State and New York City Sick And Safe Leave Laws

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

[Webinar] Coronavirus – Workplace Management Considerations for Employers - March 18th, 1:00 pm - 2:30 pm EDT

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

Maryland and D.C. Employer – New Year Employment Law Review

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

U.S. Department of Labor Raises FLSA Exempt Salary Level

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

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