On November 15, 2024, a federal court in Texas ruled that a 2024 Department of Labor rule increasing the minimum salary for white collar overtime-exempt employees exceeded the Department of Labor’s authority. As a result, the...more
The second increase to the salary threshold for the overtime exemption for employees employed in a bona fide executive, administrative, or professional capacity is scheduled to take effect January 1, 2025. Employers should...more
The Federal Trade Commission’s effort to ban non-compete agreements has been upended by a U.S. District Judge in Texas. As a result, the non-compete ban will not go into effect nationwide....more
On July 3, 2024, a United States District Judge for the Northern District of Texas granted a stay and preliminary injunction on the United States Federal Trade Commission’s near-total ban on noncompete agreements. See Ryan v....more
For decades, employers have depended on the rule that transferring or reassigning an employee would not give rise to an actionable discrimination claim, as long as such an action did not “significantly” change an employee’s...more
On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a final rule that bans most worker noncompete agreements. See Fed. Trade Comm’n, Non-Compete Clause Rule, RIN2084-AB74 (Apr. 23, 2024). The final rule, which...more
On May 30, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 (Memo) in yet another effort to alter the labor and employment landscape. This Memo follows the Federal...more
The legal world has been reeling since the February 21, 2023 McLaren Macomb decision, in which the National Labor Relations Board (“NLRB” or the “Board”) determined that standard non-disparagement and confidentiality...more
In a recent decision, McLaren Macomb, the National Labor Relations Board (NLRB) ruled that an employer’s offer of a severance agreement which includes standard confidentiality and non-disparagement provisions violates the...more
On Labor Day, Governor Kathy Hochul signed into law an amendment to New York Labor Law that holds prime and general construction contractors jointly and severally liable for unpaid wages, benefits, and wage supplements owed...more
On September 14, 2020, Governor DeWine signed House Bill 606 into law which provides civil immunity to employers facing COVID-19 related lawsuits. HB 606 provides, in part:
SECTION 2. (A) No civil action for damages for...more
The Family and Medical Leave Expansion Act (“FMLA+”) and the Emergency Paid Sick Leave Expansion Act (“EPSLEA”), set to take effect on April 1st, authorize the Department of Labor (“DOL”) to issue regulations that exempt...more
On March 24th, the U.S. Department of Labor (DOL) published summaries of employee rights and employer obligations under the Families First Coronavirus Response Act (FFCRA) on the DOL’s COVID-19 and the Workplace website. Also...more
COVID-19 Employment Challenges With the COVID-19 outbreak, employers are facing many questions related to managing their workforces, protecting their employees, and navigating the effect of government efforts to contain the...more
3/23/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Layoffs ,
Medical Examinations ,
Medical Leave ,
OSHA ,
Paid Leave ,
Sick Leave ,
Unemployment Insurance ,
WARN Act ,
Workplace Safety
On March 18th, Congress sent to President Trump, and President Trump signed into law, the Families First Coronavirus Response Act (the “Act”). The Act addresses many topics relating to COVID-19 Disease 2019 (“COVID-19”),...more
3/23/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Unemployment Insurance
In his March 18 afternoon press briefing, Governor DeWine advised Ohio employers to take the temperatures of all employees every day and went so far as to say that if employers do not do this, the next step will be to close...more