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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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How can employers hold employees liable for property damage?

Q We provide laptop computers to all our personnel. Many employees damage them during employment or return them with damage upon leaving employment. What are our options for recouping from employees the costs of...

Jun 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Healthcare industry diagnoses impact of FTC’s noncompete rule

Last year, the Federal Trade Commission (FTC) issued a proposed rule to ban most noncompete agreements nationwide, with very limited exceptions. The sweeping rule forbids any contractual term between an employer and a...

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

Court direction on FTC’s noncompete ban expected this summer

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the Federal Trade Commission’s (FTC)...

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

When crafting severance agreements, review laws carefully

Q When crafting a severance agreement, should you follow the guidelines of the state the employee resides/works in or the state where the company is incorporated? The answer depends on a number of factors. Often...

Jun 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Pregnant pause? Lawsuit attempts to halt EEOC’s final PWFA rule

To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance to implement the Pregnant Workers...

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

Supreme Court lowers bar for adverse actions

Can an employee sue under Title VII of the Civil Rights Act of 1964 to challenge a lateral transfer, even if the transfer doesn’t result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is...

Jun 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Navigating labor and employment considerations in mergers and acquisitions

Merger and acquisition (M&A) transactions are complex endeavors involving various legal, financial, and operational considerations. Among these considerations, labor and employment law and regulations play a crucial role...

Jun 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

Craft severance agreements carefully, with these factors in mind

Q When crafting a severance agreement, should you follow the guidelines of the state the employee resides/works in or the state where the company is incorporated? Before addressing the specific question about which state...

Jun 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

AI: Take these steps now to safeguard your organization

No other technology today has the level of hype artificial intelligence (AI) has. Countless news articles, blog posts, and videos have predicted everything from drastic changes in the workplace to the complete...

Jun 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

17 state attorneys general sue to stop EEOC’s final PWFA regulations

On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant Workers Fairness Act’s...

Jun 01, 2024 · Employment Law Letter · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

Despite popularity of remote work, employer comfort levels still shaky

Legions of office workers have been skipping the commute for a few years now, working remotely in the comfort of their homes and relying on technology to keep them connected to their colleagues. Especially during the...

Jun 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

EEOC’s final enforcement guidance on workplace harassment is here

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment to include developments “answering the call” of the #MeToo movement; the...

Jun 01, 2024 · Employment Law Letter · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia

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