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The Department of Labor Significantly Increases Salary Thresholds for Overtime Exemptions

The Department estimates that the changes will affect approximately 4.3 million employees in the first year of implementation and cost employers $803 million over the first 10 years of implementation. Under a two-step...more

Moonlighting: When Should I Quit My Day Job?

A founder’s eureka moment may come at any time, and commonly occurs while employed by another company. Sometimes the kernel of an idea is a result of something the founder encounters in their day job—an ancillary problem that...more

Employers Beware: FTC Announces Final Rule Banning Worker Non-Competes

The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions. The FTC Final Rule imposes a...more

Employers Face Greater Misclassification Risk Under Resurrected Federal Independent Contractor Rule, Opening Door to Substantial...

On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more

New York Non-Compete Agreements are Safe – For Now

On December 23, 2023, Gov. Kathy Hochul vetoed the New York State Legislature’s proposed ban on all new non-compete agreements. Despite the veto, Governor Hochul has left open the possibility of a statewide restriction on...more

Practical Implications of the DOL’s Proposed Increase to the Minimum Salary Level for Exempt Employees

The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually. The proposed rule would also raise the threshold for “highly compensated...more

Pointers for Employers on the Proposed Regulations Interpreting the PWFA

On Friday, August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations that expand the definitions of medical conditions that may require employer accommodations under the Pregnant Workers...more

New York Legislature Votes to Ban Non-Competes, Will Become Law if Governor Signs

The New York legislature has passed a bill banning future employee non-competes, regardless of pay thresholds or job functions, and even in the sale-of-business context. The bill allows limited customer non-solicitation...more

New DOJ Clawback Policy Brings Compensation and Employment Questions Front and Center for Companies

Can a new Department of Justice enforcement approach make clawback policies covering criminal activities a best practice? The DOJ is implementing a new policy under which prosecutors will make clawback policies for...more

NLRB Invalidates Common Confidentiality and Non-Disparagement Clauses in Severance Agreements

The NLRB recently deemed broad confidentiality and non-disparagement provisions in a severance agreement for non-supervisory workers unlawful, in a decision likely to have broad implications for employers in both unionized...more

Employers Take Note: FTC Releases Notice of Proposed Rulemaking Banning Worker Non-Competes

The Notice would ban all existing and future non-compete agreements with workers, with a narrow exception in connection with the sale of a business by any individual holding at least a 25% interest in such business. The...more

NYC Pay Transparency Law Takes Effect November 1, 2022: Are You Ready?

As of November 1, 2022, covered employers advertising jobs that will be—or even can be—performed, in whole or in part, in New York City must include a good faith salary or hourly range pursuant to the new salary transparency...more

DC Non-Compete and Anti-Moonlighting Law to Take Effect October 1, 2022

A new DC law restricts DC employers from entering into non-compete agreements with employees earning less than $150,000 as of October 1, 2022, whereas the prior iteration of the law would have imposed a near universal ban on...more

Virginia Makes Significant Changes to State Employment Laws

Virginia employers must comply with a host of new employment laws. Virginia has enacted a number of significant changes to its employment laws to establish new protections and rights for employees. These changes...more

U.S. Supreme Court Upholds Job Protection for Gay and Transgender Employees

The U.S. Supreme Court held that Title VII’s prohibition against sex discrimination encompasses a prohibition against employment discrimination on the basis of sexual orientation or gender identity. Employers who were not...more

Management’s Duties and Responsibilities to Disclose COVID-19 Cases to Commercial and Residential Tenants While Also Protecting...

As COVID-19 cases continue to be reported by the hundreds on a daily basis, and as businesses begin the process of returning to the worksite, it is imperative that property managers—both commercial and residential—understand...more

COVID-19: DOL Issues Temporary Final Rule on Expanded Paid Sick and Family Leave Entitlements

U.S. Family First Coronavirus Response Act (FFCRA) paid sick leave provisions became effective April 1, 2020. Final Temporary Rule from Department of Labor (DOL) provides employers with additional interpretive guidance,...more

COVID-19: Department of Labor Guidance Answers Many Questions About the Families First Coronavirus Response Act (FFCRA)

New DOL questions and answers provide much needed clarity to employers struggling to understand this new law. Documentation of the employee’s need to take FFCRA leave is required for employers to claim a tax credit. ...more

COVID-19: Department of Labor Publishes Required Poster and Additional Guidance Regarding the Families First Coronavirus Response...

Published materials, including questions and answers and the required workplace poster, are now available. The U.S. Department of Labor has clarified that the federal Families First Coronavirus Response Act (FFCRA) is to...more

How Employers Should Respond to the Trump Administration’s Final Overtime Rule

The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more

How Employers Should Respond to the Trump Administration’s Proposed Overtime Rule

The proposed changes seek to formally rescind the Obama Administration’s 2016 Final Rule, which more than doubled the minimum salary levels for exemption for overtime requirements. Instead, the Trump Administration proposes...more

New York Employment Law Outlook 2019

After a multitude of new employment laws were introduced in 2018, the new year is already shaping up to be another one of significant change at state and local levels. During 2018, a slew of New York state and local...more

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