Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and...more
1/21/2025
/ Appeals ,
Class Action ,
Clear and Convincing Evidence ,
EMD Sales Inc v Carrera ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Preponderance of the Evidence ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour ,
White-Collar Exemptions
On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas vacated the Federal Trade Commission’s (FTC) final Rule that the FTC enacted to ban non-compete agreements. Judge Brown held...more
8/22/2024
/ Administrative Procedure Act ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants
The CFPB warned on July 24, 2024, that confidentiality agreements that employees of a company are required to sign likely violate federal law if those agreements imply that employees could face retaliation from their...more
7/30/2024
/ Confidentiality Agreements ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Regulatory Agenda ,
Reporting Requirements ,
Restrictive Covenants ,
Whistleblowers
The U.S. Equal Employment Opportunity Commission (“EEOC”) took aggressive enforcement measures this week by filing suit against 15 employers that allegedly failed to submit mandatory EEO-1 workforce demographic reports in...more
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published its proposed guidance on workplace harassment claims, Enforcement Guidance on Harassment in the Workplace. The proposal is open for...more
10/6/2023
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hostile Environment ,
Labor Reform ,
Proposed Regulation ,
Regulatory Agenda ,
Sexual Harassment
On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act FLSA), which would result in millions of workers who are now exempt from overtime requirements being...more
9/1/2023
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
Minnesota employers have 43 days to consider whether they want to beat the clock and enact or update non-compete agreements before July 1, 2023.
This week, the Minnesota legislature passed a labor appropriations bill...more
As of January 1, 2023, all Colorado employers are required to post or otherwise provide employees with the state-issued FAMLI Program notice (available in English and Spanish) and also begin deducting employees’ shares of...more
The U.S. Equal Employment Opportunity Commission (EEOC) has published a new “Know Your Rights” workplace poster, which replaces the “EEO is the Law” poster and informs employees of their rights to be free from unlawful...more
Summary -
The nationwide scrutiny of non-compete agreements continues in 2022. An increasing number of states are severely limiting, or absolutely prohibiting, the use of restrictive covenants. While for many years...more
On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before...more
The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means...more
A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping...more
Summary -
South Dakota has legalized recreational and medical marijuana. On November 3, 2020, South Dakota voters approved Initiated Measure 26 (Measure 26) to legalize medical marijuana and also passed Constitutional...more
Marijuana is again front and center in Arizona. On Election Day, Arizona voters legalized marijuana. Additionally, a recent U.S. District Court of Arizona decision may change how employers handle workers who are medical...more