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Court challenge looms, but employers urged to prepare for new overtime rule

by Tammy Binford

Apr 30, 2024 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington
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Special delivery: SCOTUS rules on FAA transportation worker exemption

On April 12, 2024, the U.S. Supreme Court (SCOTUS) provided guidance on the transportation worker exemption under Section 1 of the Federal Arbitration Act (FAA), unanimously holding that a worker doesn’t have to work in...

Jun 01, 2024 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

FTC issues final rule purporting to ban most noncompete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3 to 2 to issue a new rule that will dramatically affect employers that use noncompete agreements to protect their business interests. Answering questions about...

Jun 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Will the tail wag the dog? Pretext vs. pretext plus

How does an employee prove discrimination to get to a jury? The Texas Supreme Court has agreed to answer this question, and they’ll make a choice between pretext alone versus pretext plus something more. Read on. Big...

Jun 01, 2024 · Employment Law Letter · Texas

What FTC’s noncompete ban means for Massachusetts employers

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to implement a total ban on noncompete agreements for nearly all workers across the country. Noncompete agreements generally prohibit workers from moving to...

Jun 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

DOL issues final rule on salary level increase for FLSA exemptions

On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule that will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law. Effective July...

Jun 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Making DOL’s overtime rule changes make cents

On April 23, 2024, the U.S. Department of Labor (DOL) issued its highly anticipated final rule that will raise the standard minimum salary level needed for most white-collar exempt employees on July 1, 2024, and then...

Jun 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

5th Circuit rejects FMLA claims, clarifies employee notice requirement

The U.S. Court of Appeals for the 5th Circuit in New Orleans (which covers Louisiana, Mississippi, and Texas) recently upheld a district court’s decision that an employer wasn’t liable to an employee who alleged it...

Jun 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

Millions more U.S. workers eligible for overtime under final DOL rule

Over the past seven years, the U.S. Department of Labor (DOL) has attempted to increase the number of exempt employees who are eligible for overtime under the Fair Labor Standards Act (FLSA). On April 23, 2024, the DOL...

Jun 01, 2024 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

Viewing the FTC’s noncompete rule from a New Hampshire perspective

The Federal Trade Commission (FTC) recently announced a final rule banning most noncompete agreements. If the rule isn’t stopped by the courts, it will go into effect 120 days after it is officially published. What do...

Jun 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

Clarifying undue hardship standard in response to accommodation requests

A post-pandemic tug of war is playing out between employers calling workers back to the office and employees who want to work from home. Among other reasons, employers focus on the importance of in-person collaboration...

Jun 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

LA Senate passes restrictions on noncompetes for primary care physicians

As we mentioned in our previous article, the healthcare industry anticipates a significant impact from the Federal Trade Commission’s (FTC) final rule banning noncompetes (see “Healthcare industry diagnoses impact of FTC...

Jun 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

Implement fair, transparent compensation practices

Q Are there any laws regulating whether managers and supervisors are allowed to know the compensation of the employees they supervise? There’s currently no law that regulates whether managers and supervisors are allowed...

Jun 01, 2024 · Employment Law Letter · Texas

Regaining your balance when you loan money to employees

Q We loaned an at-will employee money as an advance, and they signed a repayment agreement that said if their employment ended before the loan was fully repaid, the remaining balance would be deducted from their final...

Jun 01, 2024 · Employment Law Letter · Texas