A federal court in Texas yesterday issued a permanent nationwide injunction barring the Federal Trade Commission’s Non-Compete Agreement Ban from going into effect. As a practical matter, and barring an unlikely reversal from the 5th Circuit, this means the proposed nationwide ban on non-compete agreements is virtually dead for now, though employers will still need
Laws and Regulations
DOL Rule on Increased FLSA Salary Thresholds Goes into Effect Today
Today, the DOL’s Final Rule expanding overtime protection in the form of salary threshold increases for FLSA exempt workers takes effect for most employers across the country. There has been some uncertainty over the past month with three cases pending in Texas federal court challenging the legality of the rule. On Friday, June 28, 2024…
A Busy Week for FTC and DOL: New Rules Announced Restricting Non-Compete Clauses and Expanding Overtime Protection
FTC Issues Anticipated Rule Barring Non-Compete Agreements
On Tuesday afternoon, the Federal Trade Commission issued a final rule largely banning non-compete agreements for employees. The rule is intended to go into effect in around four months but will likely be the subject of multiple legal challenges.
The rule is short in its nature.
It defines…
DOL Issues Final Independent Contractor Rule
On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a final rule (“Final Rule”) defining the term independent contractor under the Fair Labor Standards Act (“FLSA”), rescinding the previous definition of independent contractor outlined in 2021 (“2021 Rule”). The Final Rule establishes a six-factor test based on the economic reality of the worker…
Recap of Employment Laws Passed in Connecticut’s 2023 General Assembly Session
Connecticut’s 2023 General Assembly concluded last week. But for the first time in many years, many of the major pieces of legislation in the labor and employment area did not pass. In fact, the legislative session will ultimately be thought of for the bills that died on the floor, rather than for the bills that passed. …
No Blank Space In Case Law On Handling FMLA Abuse
A Law360 Article, reprinted by permission. Download printable PDF.
Just like you can’t spell awesome without “me,” you can’t take Family and Medical Leave Act leave without some conditions. Employers and employees alike should know all too well that one of those conditions is that the FMLA leave should be genuine. FMLA abuse…
Separation Agreements Have Their Own Legal Rules
For employers considering layoffs—as several in the tech sector have announced recently—there are multiple factors to consider to reduce exposure to lawsuits.
For example, employers may wish to examine whether the proposed layoff will have a disparate impact on a protected group.
But employers can also reduce their exposure to lawsuits by providing severance agreements…
Connecticut Employers Subject to Revised CTFMLA Regulations
Recently the Connecticut Department of Labor (“DOL”) issued new regulations under the Connecticut Family and Medical Leave Act (“CTFMLA”). As detailed below, the new regulations explain the expanded coverage of the revised CTFMLA to a larger number of Connecticut employers and provide broadened benefits to covered employees. While some of the changes merely mirror the…
Reminder: Cannabis Workplace Provisions Go Into Effect July 1
A friendly reminder to employers that provisions of Connecticut’s adult-use cannabis statute concerning the use of cannabis in the workplace go into effect on July 1, 2022. We published a detailed article about what the cannabis statute means for employers last year. With the effective date of those provisions quickly approaching, now is the perfect…
Connecticut Legislative Update 2022: New Laws Impacting Public and Private Employers
Over the past few weeks, Governor Lamont signed several bills that will impact public and private employers in several ways. While there are other bills that will take effect in October 2022, and subsequently in 2023, we have summarized below the bills that have effective dates July 1, 2022 and earlier.
Senate Bill 163 becomes…