Employment Law

Non-Compete Ban & Minimum Salary Increase for Exempt Employees

Client Alert: Two Significant Legal Developments: A Ban on Non-Competes and an Increase to the Minimum Salary for Exempt Employees This week, the Federal Trade Commission (“FTC”) issued its final rule (consisting of 570 pages) banning most non-compete agreements. This new rule—originally proposed back in January 2023—broadly prohibits employers from imposing and enforcing non-compete agreements [...]

EEOC Finalizes PWFA Regulations

The EEOC Finally Delivers…. ………………. its Overdue Regulations Implementing the Pregnant Workers Fairness Act As our office previously reported, the Pregnant Workers Fairness Act (“PWFA”) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (“EEOC”) began accepting charges at that time, even though it had not issued any regulations. The EEOC issued [...]

FMLA and Remote Workers

FMLA
Department of Labor Addresses How the FMLA Applies to Remote Workers Most employers know that the federal Family and Medical Leave Act (“FMLA”) applies to them if they have at least 50 employees within a 75-mile radius. But how do remote workers factor into that calculation? What if a business has 45 employees who report [...]

Final EEOC Pregnant Workers Fairness Act Regulations

Breast Pump
What To Expect When You’re Expecting…….. ……the Final EEOC Pregnant Workers Fairness Act Regulations  At the end of last year, President Biden signed the Consolidated Appropriations Act for 2023, which included new legal protections for pregnant and nursing workers, aptly named the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP” Act) and the Pregnant [...]

Department of Labor Expected to Raise the Salary Basis Threshold for Exempt Employees

Page with FLSA fair labor standards act on a table.
The Importance of Properly Classifying Employees Under the Fair Labor Standards Act One of the most common mistakes employers make when it comes to wage and hour issues under the Fair Labor Standards Act (“FLSA”) is improperly classifying nonexempt employees as exempt. Broadly speaking, employees are divided into two categories under the FLSA: exempt and [...]

Sign-On and Referral Bonuses Present Potential Pitfalls

Employer hand employee payment check
Know the Legal Implications of Employee Overtime Pay and Bonuses With the labor market becoming more competitive every day amidst the “Great Resignation”, finding and retaining top talent has never been more important. Many employers have turned to creative benefits in order to do so, such as paying out regular bonuses and incentivizing attendance. While [...]

Client Alert: Vaccine Mandate Suspended

Vaccine Card
OSHA Suspends Implementation of Vaccine Mandate As most employers are keenly aware by now, the Coronavirus Emergency Temporary Standard (ETS), which applies to employers with more than 100 employees, was released by OSHA on November 5. On November 12, the Fifth Circuit Court of Appeals (a federal appeals court that governs Louisiana, Texas, and Mississippi) [...]

Client Alert: Vaccine Mandate

Vaccine Card
Vaccine Mandate Update On September 9, 2021, President Biden announced as part of his COVID-19 Action Plan that he would be directing the Occupational Safety and Health Administration (“OSHA”) to issue an emergency rule requiring all businesses with over 100 employees to mandate that their workforce either be fully vaccinated against COVID-19 or submit to [...]