The structure of employment contracts is undergoing a seismic shift with the recent move by the Federal Trade Commission (FTC) to ban non-compete clauses. This landmark decision has the potential to reshape how businesses...more
In Episode 30 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Graham Newsome to discuss recent updates in labor and employment law.
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On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule raising salary thresholds for certain overtime exemptions under the Fair Labor Standards Act (FLSA). In essence, the rule raises the minimum salary...more
April was a busy month for employers, with big announcements coming from the U.S. Department of Labor (DOL) concerning minimum wage and overtime exemptions and the Federal Trade Commission (FTC) with respect to the issuance...more
Fifteen student athletes on the Dartmouth men’s varsity basketball team were deemed employees under the National Labor Relations Act (NLRA) and are entitled to an election to decide union representation – the first for NCAA...more
On January 10, 2024, the U.S. Department of Labor (DOL) published a final rule, returning to the multifactor, totality-of-the-circumstances analysis to determine whether a worker is an employee or independent contractor...more
On November 21, 2023, Administrative Law Judge Lauren Esposito found that Amazon.com Services LLC (“Amazon”) violated the National Labor Relations Act (the “Act”). Amazon’s actions offer a cautionary tale for employers, who...more
When federal agencies enter into a Memorandum of Understanding in the context of employment law, they often increase coordination and cooperation by sharing information about employers. On October 31, 2023, Jennifer Abruzzo,...more
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule establishing a new standard for joint-employer status: An entity is a joint employer of another entity’s employees if it maintains the...more
Last month, the U.S. Equal Employment Opportunity Commission (EEOC) published its Strategic Enforcement Plan (SEP) for Fiscal Years 2024-2028. The SEP sets forth six enforcement priorities for the next several years. It...more
The Eleventh Circuit, in Campbell v. Universal City Dev. Partners, Ltd., No. 22-10646 (11th Cir. Jul. 7, 2023), recently addressed the interplay between Florida law and the Americans with Disabilities Act (the “ADA”) and...more
The Pregnant Workers Fairness Act (“PWFA”) went into effect on June 27, 2023. President Biden signed the PWFA into law on December 29, 2022, and the Equal Employment Opportunity Commission (“EEOC”) began accepting charges...more
A June 13th National Labor Relations Board (the “Board”) ruling effectively increases the number of workers who have a right to unionize under the National Labor Relations Act (the “Act”)....more
On January 5, 2023, the FTC proposed a rule banning, with limited exceptions, the use of non-compete clauses in employment contracts. Six weeks later, the National Labor Relations Board (the “Board”) issued a decision further...more
On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy, directing the Federal Trade Commission (“FTC”) to “exercise the FTC’s statutory rulemaking authority under the...more