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
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
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
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
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
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
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
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
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
With bank uncertainty making headlines, we answer employers’ most frequently asked questions about the consequences of payroll delays, strategies for mitigating risk and more.
...more
3/17/2023
/ 401k ,
Banking Sector ,
COBRA ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Income Taxes ,
IRS ,
Medicare ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Penalties ,
Risk Mitigation ,
Trust Fund Recovery Penalty (TFRP) ,
Unemployment Insurance ,
Voluntary Fiduciary Compliance Program (VFCP) ,
Voluntary Reduction in Force
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
3/8/2023
/ Clawbacks ,
Compensation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement ,
Incentives ,
Risk Management ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
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
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
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
10/26/2022
/ Employees ,
Employer Liability Issues ,
Enforcement ,
Job Ads ,
Job Applicants ,
New Legislation ,
New York ,
NYCHRL ,
Pay Transparency ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
9/29/2022
/ Bonuses ,
Conflicts of Interest ,
Damages ,
Department of Labor (DOL) ,
Enforcement ,
Highly Compensated Employees ,
Incentive Compensation ,
Incentives ,
Minimum Salary ,
Non-Compete Agreements ,
Penalties ,
Proprietary Information ,
Restrictive Covenants ,
Retaliation ,
Stocks ,
Wages
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
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
6/23/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
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
4/7/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
IRS ,
Paid Leave ,
Relief Measures ,
Sick Leave ,
Small Business ,
Tax Credits
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
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
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
10/10/2019
/ Best Practices ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers.
New York State has enacted...more
8/24/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Gender-Based Pay Discrimination ,
Hairstyle Discrimination ,
Harassment ,
Mandatory Arbitration Clauses ,
New Rules ,
Non-Disclosure Agreement ,
NYSHRL ,
Race Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Unfair Immigration-Related Practices
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
3/19/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
NPRM ,
Obama Administration ,
Public Comment ,
Recordkeeping Requirements ,
Standard Duties Test ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
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
1/17/2019
/ #MeToo ,
ADEA ,
Anti-Harassment Policies ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Lactation Accommodation ,
Minimum Wage ,
Paid Family Leave Law ,
Salary/Wage History ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Sweeping new legislation in New York aims to prevent and shine light on sexual harassment.
New York State employers will soon be prohibited from mandating arbitration of sexual harassment claims. They must also obtain...more
5/22/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Hires ,
New Legislation ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws