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
Wage & Hour
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…
What Employers Should Do When Employees Fail to Report Time
Employers often struggle with what to do when employees fail to report their time accurately. A recent decision by the Second Circuit illustrates how costly it can be for employers who don’t address the issue properly.
In Perry et al. v. City of New York, the Second Circuit upheld a significant jury verdict in…
No Blank Space In Case Law On Handling FMLA Abuse
A Law360 Article, reprinted by permission. Click to download a 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…
Supreme Court Holds that Salary Test Still Applies to Highly Compensated Individuals Under FLSA
This week the United States Supreme Court held that highly compensated employees are not exempt from overtime requirements unless they are paid on a salary basis. In other words, employers cannot avoid paying overtime to employees simply because they earn a high hourly or daily rate. Rather, employers must provide employees with a reliable, predetermined compensation regardless…
FTC Proposes Complete Ban on Non-Compete Agreements Between Employers and Employees
In a move with profound implications for workplaces, the Federal Trade Commission (“FTC”) on Thursday, January 5, 2023, issued a sweeping proposal that would ban all non-compete agreements between employers and employees. While the timing was a bit of a surprise, the move had been telegraphed since mid-2020 when President Biden issued an executive order…
Webinar: Remote Work is Here to Stay – What is Your Duty to Accommodate?
As remote work continues to become more common, more employment law issues have arisen. In this informational session, we will spotlight some of the issues employers should consider in staffing a remote workforce.
WHEN: Thursday, October 21, 2021 | 12:00 PM – 1:00 PM EDT
WHERE: Webinar
REGISTER HERE
TOPICS:
- Immigration Implications of remote working
…
CTDOL Issues New Guidance on Wage Range Law
As we have noted previously, the State’s new “wage range” notice law becomes effective October 1, 2021. In advance of that effective date, the Connecticut Department of Labor recently issued non-binding “guidance” on the law.
The new guidance tracks State law in many facets and thus much of it is fairly straightforward. However, a few…
New Laws for Employers Go into Effect October 1, 2021
While many employers have been focused on pandemic-related issues this past year, there are important new Connecticut employment laws that become effective on October 1, 2021. Employers should review and, where necessary, update their existing policies and practices and train staff on these new laws.
For your convenience, we have summarized some of the laws…