On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that bans the use of non-compete agreements between employers and their “workers.”...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
In the latest administrative move aligned with President Biden’s promise to be “the most pro-union president in American history,” on April 1, 2024, the Occupational Safety and Health Administration (OSHA) published its...more
4/12/2024
/ Employees ,
Employer Liability Issues ,
Employment Policies ,
Final Rules ,
Health and Safety ,
New Rules ,
OSHA ,
Safety Inspections ,
State Labor Laws ,
Union Representatives ,
Workplace Safety
On January 9, 2024, the U.S. Department of Labor (DOL) released its highly anticipated Final Rule, which revises the criteria for determining whether a worker is an employee or independent contractor under the Fair Labor...more
1/18/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
New Rules ,
Wage and Hour
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...more
11/6/2023
/ Browning-Ferris Industries of California Inc. ,
Contractors ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Final Rules ,
Franchisee ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Subcontractors ,
Wage and Hour
In recent action, the National Labor Relations Board (“NLRB” or “Board”) has demonstrated a clear intention to closely scrutinize employers that classify workers as independent contractors. Specifically, in June, 2023, the...more
8/4/2023
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Unfair Labor Practices ,
Wage and Hour
Employers―in both unionized and non-unionized settings―are considering, after the February 21, 2023 decision by the National Labor Relation Board (NLRB), whether to continue to include confidentiality and non-disparagement...more
On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban the use of non-compete agreements between employers and their workers and require businesses to rescind existing non-compete contracts....more
1/11/2023
/ Anti-Competitive ,
Comment Period ,
Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
NPRM ,
Regulatory Agenda ,
Section 5 ,
Unfair Competition
As Russia’s invasion of Ukraine continues to develop, U.S. employers may face challenges in navigating how to respond when employees make inappropriate statements related to the international conflict. Political acrimony in...more
4/5/2022
/ Civil Rights Act ,
Disparate Treatment ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Military Conflict ,
National Origin Discrimination ,
Political Speech ,
Russia ,
Title VII ,
Ukraine
In our last alert, What Should Employers Expect in 2022, Non-COVID Edition, we predicted the Senate would pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, House Resolution 4445 (the...more
2/17/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
If your business employed 100 or more workers, chances are you spent a lot of time and effort understanding and preparing for the OSHA COVID-19 vaccine-or-test Emergency Temporary Standard....more
2/10/2022
/ #MeToo ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Davis-Bacon Act ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Infectious Diseases ,
Labor Reform ,
Legislative Agendas ,
Minimum Salary ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Regulatory Agenda ,
Sexual Harassment ,
Unions ,
Wage and Hour
On Friday, October 29, 2021, the Department of Labor (DOL) issued a final rule relating to wages of tipped employees. The rule aims to settle flip-flopping by different presidential administrations over the types of work...more
11/4/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Job Duties ,
Labor Reform ,
Minimum Wage ,
New Rules ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On September 24, 2021, the Department of Labor published its most recent rule regarding tip regulations under the Fair Labor Standards Act (“FLSA”). This final rule will go into effect on November 23, 2021....more
10/4/2021
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The Occupational Safety and Health Administration's (OSHA) latest update to its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace arrived on August 13, 2021. Quarles & Brady previously reported on...more
8/27/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety