In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers....more
2/11/2025
/ Artificial Intelligence ,
Bias ,
Diversity and Inclusion Standards (D&I) ,
Employee Benefits ,
Employment Discrimination ,
Hairstyle Discrimination ,
Hiring & Firing ,
Minimum Wage ,
Non-Compete Agreements ,
Pay Transparency ,
State Labor Laws
On January 10, 2024, the U.S. Department of Labor released its final rule for determining worker classification under the Fair Labor Standards Act (“FLSA”). The final rule returns to the economic reality test historically...more
1/30/2024
/ ABC Test ,
Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Rules ,
Wage and Hour
Once a startup has properly classified its worker, it should document its relationship with the worker in order to clearly identify the classification, compensation and benefits (e.g., base salary, bonus, commissions, equity,...more
An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....more
Hiring workers is an important step for startups. Startups engage two main types of workers—employees and independent contractors. It can be difficult to determine the proper classification of a worker, especially since both...more
On February 21, 2023, the National Labor Relations Board (NLRB) held that including broad confidentiality and non-disparagement clauses in severance agreements violates the National Labor Relations Act (NLRA)...more
3/1/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements
Join Fenwick’s Employment Practices Group for a 90-minute discussion of the legal developments and emerging trends that shaped 2022 then hear about the compliance recommendations, practical takeaways, and perspective on what...more
12/23/2022
/ Continuing Legal Education ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Regulations ,
New Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Safety
U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act -
On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
10/25/2022
/ Arbitration ,
California ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Data Reporting ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Job Ads ,
Marijuana ,
New York ,
Notice Requirements ,
Off-The-Clock ,
Paid Leave ,
Pay Transparency ,
Popular ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
As outlined in our prior alert, a multitude of changes in New York employment law have either gone into effect or will be in effect soon. We encourage employers with New York operations to review our prior guidance,...more
New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more
8/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Attorney's Fees ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Hairstyle Discrimination ,
Hiring & Firing ,
Job Applicants ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Notice Requirements ,
Protected Class ,
Punitive Damages ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour