With further proceedings anticipated, and in light of the numerous state law restrictions on non-competes, employers should continue to act with caution when presenting employees with non-compete agreements.
On August 20,...more
9/11/2024
/ Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
Although companies may be tempted to classify workers as contractors to circumvent wage and hour rules, this is the classic example of penny-wise and pound foolish. Misclassification of employees as contractors can lead to...more
The Department estimates that the changes will affect approximately 4.3 million employees in the first year of implementation and cost employers $803 million over the first 10 years of implementation.
Under a two-step...more
The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions.
The FTC Final Rule imposes a...more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
In Muldrow v. City of St. Louis, No. 22-193, 2024 WL 1642826 (U.S. Apr. 17, 2024), the U.S. Supreme Court ruled that an employee alleging that an involuntary lateral job transfer constituted workplace discrimination in...more
4/22/2024
/ Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually.
The proposed rule would also raise the threshold for “highly compensated...more
A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies.
Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more
8/21/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Financial Aid ,
Fourteenth Amendment ,
NASA ,
New Guidance ,
OCR ,
OFCCP ,
Scholarships ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
On Friday, August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations that expand the definitions of medical conditions that may require employer accommodations under the Pregnant Workers...more
To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation....more
According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more
6/2/2023
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hiring & Firing ,
Innovative Technology ,
Job Applicants ,
Machine Learning ,
Title VII
The NLRB recently deemed broad confidentiality and non-disparagement provisions in a severance agreement for non-supervisory workers unlawful, in a decision likely to have broad implications for employers in both unionized...more
The Notice would ban all existing and future non-compete agreements with workers, with a narrow exception in connection with the sale of a business by any individual holding at least a 25% interest in such business.
The...more
Pillsbury lawyers review the 2022 Proxy Season and offer practical tips on how to leverage auditing in your organization’s ESG strategy.
Consider trends seen during the 2022 proxy season, anticipate next year’s lightning...more
New DOL questions and answers provide much needed clarity to employers struggling to understand this new law.
Documentation of the employee’s need to take FFCRA leave is required for employers to claim a tax credit.
...more
Published materials, including questions and answers and the required workplace poster, are now available.
The U.S. Department of Labor has clarified that the federal Families First Coronavirus Response Act (FFCRA) is to...more
The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more
10/10/2019
/ Best Practices ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Employers must update forms in conformity with amendments to the Fair Credit Reporting Act -
As of September 21, 2018, employers must begin providing employees and applicants with the updated Summary of Consumer Rights....more
The “Disclosing Sexual Harassment in the Workplace Act” goes into effect on October 1, 2018, creating new potential liability and obligations for employers.
The new law invalidates any employment contract or policy that...more
7/24/2018
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Policies ,
Federal Arbitration Act ,
Governor Hogan ,
Harassment ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Legislation ,
Reporting Requirements ,
Retaliation ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws