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NEW RULES ON OVERTIME COMPENSATION AND NONCOMPETITION AGREEMENTS

The Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”) each made critical rule changes last week impacting employers across most industries. First, the DOL announced a new rule raising the salary thresholds for overtime exemptions, which will make millions of employees eligible for overtime pay. Second, the FTC issued its long-awaited final rule […]

NLRB’S APPROACH TO ANALYZING WORK RULES

The National Labor Relations Board (NLRB) recently adopted a new standard for assessing the validity of workplace rules. Under this new standard, as articulated in Stericylce, Inc. and Teamsters Local 628, 372 NLRB No. 113 (2023), a workplace rule is presumed unlawful if an employee could reasonably interpret the rule to restrict his/her rights under […]

INCREASED EEOC FOCUS ON DISCRIMINATION AND HARASSMENT AGAINST TRANSGENDER EMPLOYEES

The Equal Employment Opportunity Commission (“EEOC”) is ramping up its focus on addressing discrimination and harassment against transgender employees. In August 2023, the EEOC announced its new Strategic Enforcement Plan for fiscal years 2024-2028. In the Strategic Enforcement Plan, the EEOC outlined an increased focus in preventing and addressing discrimination and harassment against multiple categories […]

DOL RELEASES NEW WORKER CLASSIFICATION RULE

Out with the old…in with the new. On January 10, 2024, the U.S. Department of Labor (“DOL”) released a new final rule (the “new rule”) regarding classification of workers under the Fair Labor Standards Act (“FLSA”). The new rule replaces a Trump administration rule and returns to a six-factor test in determining whether, as a […]

UPDATES ON THE NLRB’S JOINT EMPLOYER RULE

New year, new rules…maybe. On October 26, 2023, the National Labor Review Board (NLRB) issued a final rule for determining joint employer status. Entities that share employees with other entities, such as contractors and subcontractors, companies using temporary employees, and franchisors and franchisees may be significantly affected by the final rule and may face a […]

EEOC TO EXPAND FOCUS ON MENTAL HEALTH RELATED DISABILITIES

In September, the Equal Employment Opportunity Commission (EEOC) released their Strategic Enforcement Plan (SEP) for fiscal years 2024-2028, outlining their enforcement goals and focus for the new year and beyond. As part of the SEP, the EEOC announced an increased focus on protecting specific categories of workers, including those with mental health related disabilities. Why […]

‘TIS THE SEASON: HOLIDAY CONSIDERATIONS FOR EMPLOYERS

Ready or not, the holiday season is here. While everyone is busy with decorating, last minute shopping, and holiday baking, the season can also bring special employment considerations. December is often a time spent wrapping up projects, celebrating a productive year, and appreciating employees, but employers should also take special care to navigate a variety […]