In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers....more
2/11/2025
/ Artificial Intelligence ,
Bias ,
Diversity and Inclusion Standards (D&I) ,
Employee Benefits ,
Employment Discrimination ,
Hairstyle Discrimination ,
Hiring & Firing ,
Minimum Wage ,
Non-Compete Agreements ,
Pay Transparency ,
State Labor Laws
Effective July 1, 2024, the federal Fair Labor Standards Act salary threshold for exempt, white-collar employees will increase to $43,888 (or $844 per week). However, a bigger increase is in store for next year. On January 1,...more
7/1/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Popular ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
EEOC Publishes Final Regulations on the Pregnant Workers Fairness Act.
On June 18, 2024, the Equal Employment Opportunity Commission’s (EEOC) final regulations clarifying the scope of the Pregnant Workers Fairness Act...more
6/21/2024
/ Americans with Disabilities Act (ADA) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Final Rules ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
State Labor Laws
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more
4/29/2024
/ Chamber of Commerce ,
Corporate Executives ,
Employer Liability Issues ,
Employment Contract ,
Exceptions ,
Federal Trade Commission (FTC) ,
Final Rules ,
Former Employee ,
Model Forms ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
2/1/2024
/ Arbitration Agreements ,
Artificial Intelligence ,
California ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
New Legislation ,
New York ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Technology ,
Wage and Hour
Effective August 1, 2023, employers participating in E-Verify in good standing have the option to conduct remote inspections of Form I-9 documents, pursuant to the federal Department of Homeland Security’s (DHS) new rule....more
8/7/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Filing Deadlines ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Required Forms ,
USCIS
In May, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that the Form I-9 flexibilities allowing for remote verification will end on July 31, 2023. DHS regulations...more
7/3/2023
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
As we reported last month, the National Labor Relations Board (NLRB) struck down broad confidentiality and non-disparagement provisions in severance agreements in McLaren Macomb, 372 NLRB No. 58, finding such provisions to be...more
On January 5, 2023, the Federal Trade Commission (FTC) announced its long-anticipated proposed rule, which if adopted, would essentially ban all noncompete agreements between employers and their workers that restrict such...more
Join Fenwick’s Employment Practices Group for a 90-minute discussion of the legal developments and emerging trends that shaped 2022 then hear about the compliance recommendations, practical takeaways, and perspective on what...more
12/23/2022
/ Continuing Legal Education ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Regulations ,
New Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Safety
U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act -
On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
10/25/2022
/ Arbitration ,
California ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Data Reporting ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Job Ads ,
Marijuana ,
New York ,
Notice Requirements ,
Off-The-Clock ,
Paid Leave ,
Pay Transparency ,
Popular ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status,...more
5/9/2018
/ ABC Test ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Former Employee ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Wage and Hour ,
Wage Orders