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Category: Employment & Labor


Business Law & Regulations, Employment & Labor

FTC Votes to Ban Noncompete Agreements

April 24, 2024

Via: LexBlog

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open Commission Meeting. The FTC […]


Business Law & Regulations, Employment & Labor

New Florida Law Blocks Certain Local Workplace Rules: Top 3 Things Employers Should Note

April 23, 2024

Via: JD Supra

Under a new Florida law, employers will need to turn to state and federal agencies – rather than local governments – for guidance on certain key workplace rules. Specifically, Governor Ron DeSantis signed HB 433 on April 11, which preempts […]


Business Law & Regulations, Employment & Labor

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

April 19, 2024

Via: National Law Review

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,” occasional remote work by […]


Business Law & Regulations, Employment & Labor

Jersey employment law updates: recent changes and horizon scanning

April 17, 2024

Via: JD Supra

Jersey’s employment laws are constantly moving forward, and it can be demanding for employers and HR professionals looking to keep up with best practice. We’ve put together a guide to the recent changes to Jersey employment law and what’s in […]


Business Law & Regulations, Employment & Labor

Keeping Up: Guidance on California’s New Pay Data Reporting for Employers

April 11, 2024

Via: National Law Review

As most employers with employees working in California or assigned to a California location know, and as we reported in “Big Brother Just Got Bigger: Expanded Pay Data Reporting Expected to Hit the Golden State,” 2022 legislation obligated employers with […]


Business Law & Regulations, Employment & Labor

Addressing Workplace Complaints: A Critical Step in Light of Whistleblower Incentives

April 10, 2024

Via: JD Supra

Prosecutors and regulators have recently offered significant financial rewards to whistleblowers to come forward in an effort to spur corporate enforcement. But whistleblowers aren’t made overnight – many times they are persuaded to act by the perception that management is […]


Business Law & Regulations, Employment & Labor

AI in the Workplace: Crafting Policies for Employees’ Use of Generative AI

April 5, 2024

Via: JD Supra

Employers who incorporate AI into the workforce should develop policies governing appropriate use of generative AI, regularly update those policies as laws and technology continue to change, and enforce their policies. Employers should consider the following provisions in their AI […]


Business Law & Regulations, Employment & Labor

Navigating the Corporate Transparency Act

April 4, 2024

Via: LexBlog

In this episode of Payments Pros, Carlin McCrory is joined by Nick St. John, director of regulatory compliance at America’s Credit Unions, to discuss the Corporate Transparency Act (CTA) and related developments from the Financial Crimes Enforcement Network (FinCEN). Enacted […]


Business Law & Regulations, Employment & Labor

OSHA Issues Final Rule Allowing Employee Third-Party Representatives to Enter Workplace – Including Labor Unions

April 2, 2024

Via: National Law Review

On March 29, 2024, the Department of Labor Occupational Safety and Health Administration (“OSHA”) released a final rule amending the Occupational Safety and Health Act of 1970 (“OSH Act”), clarifying who can serve as an employee representative to accompany the […]


Business Law & Regulations, Employment & Labor

Proposed Legislation to Reduce Workweek to 32 Hours

April 2, 2024

Via: JD Supra

Recently, Vermont Senator Bernie Sanders introduced proposed legislation that would reduce the standard workweek in the United States from 40 to 32 hours. The Bill, titled the “Thirty-Two Hour Workweek Act” (the Act), would amend Section 7 of the Fair […]


Business Law & Regulations, Employment & Labor

Sixth Circuit Highlights The Difficulty of Calculating Work-Related Expenses Under the FLSA

March 26, 2024

Via: LexBlog

On March 12, 2024, the United States Court of Appeals for the Sixth Circuit reversed two separate district court decisions addressing how pizza delivery drivers should be reimbursed for their vehicle-related expenses under the Fair Labor Standards Act (FLSA). The […]


Business Law & Regulations, Employment & Labor

Are employment policies referred to in employment contracts binding terms of employment?

March 22, 2024

Via: LexBlog

There are different legal requirements for amending terms of employment and employment policies. An employee`s consent is required in order for an employer to amend a term of employment, whilst an employer is only required to consult an employee prior […]


Business Law & Regulations, Employment & Labor

Are Your Workers Independent Contractors or Employees: A New DOL Rule Aims to Help Employers Answer That Question

March 21, 2024

Via: JD Supra

The U.S. Department of Labor’s (DOL) Wage and Hour Division updated its regulation concerning Employee or Independent Contractor Classification Under the Fair Labor Standard Act, with changes effective March 11, 2024. The revised rule finalizes the proposed rulemaking released in October 2022 with […]


Business Law & Regulations, Employment & Labor, Know Your Rights

Can You Legally Get Criminal Background Checks on Independent Contractors?

March 19, 2024

Via: JD Supra

Independent contractors can pose safety and security risks as much as employees. Some go into customer homes. Others have access to personally identifiable information and proprietary business information. Some independent contractors drive trucks making deliveries for companies identified by logos […]


Business Law & Regulations, Employment & Labor

Texas Data Privacy and Security Act: Decoding the ‘Small Business’ Exception

March 13, 2024

Via: JD Supra

As many employers now know, Senate Bill 553 (“SB 553”) mandates that covered employers implement their written Workplace Violence Prevention Plan(s) and employee training programs by July 1, 2024.  On March 1, 2024, Cal/OSHA released a model Plan which employers […]


Business Law & Regulations, Employment & Labor

Court Vacates New NLRB Joint Employer Rule

March 12, 2024

Via: JD Supra

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11. The rule would have implemented a new […]


Business Law & Regulations, Employment & Labor

The Department Of Labor’s New Rule: Employee Versus Independent Contractor?

March 6, 2024

Via: JD Supra

In the dynamic landscape of federal regulations, significant changes have emerged in 2024 that businesses need to be aware of. One of these changes includes the redefining of the classification of “independent contractors” under the Fair Labor Standards Act (FLSA). […]


Business Law & Regulations, Employment & Labor

“You Can’t Say That!” Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

March 5, 2024

Via: National Law Review

Few governmental agencies can require private employers to permit their employees to say things on the job, in the presence of customers and co-workers, that employers don’t like. But the National Labor Relations Board can. Most employers associate the National […]


Business Law & Regulations, Employment & Labor

D.C. Expands Coverage of Minimum Wage Law

February 29, 2024

Via: JD Supra

Washington, D.C. is poised to extend the reach of its minimum wage requirements. On January 10, 2024, Washington D.C. Mayor Bowser signed the Minimum Wage Clarification Amendment Act of 2023 (B25-0134) (the “Amendment”), which modifies the circumstances under which an […]


Business Law & Regulations, Employment & Labor

Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

February 28, 2024

Via: JD Supra

The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor […]