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Labor Regulations Regulatory Requirements Employer Liability Issues

Fox Rothschild LLP

What’s Old is New Again—Michigan Earned Sick Time Act Goes into Effect February 21, 2025

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In less than two weeks, the sick leave requirements in Michigan are changing. The state is reverting to the Earned Sick Time Act (ESTA), which was initially adopted in 2018 but was then subject to amendments and litigation. ...more

Sheppard Mullin Richter & Hampton LLP

California Minimum Wage Increases

On January 1, 2025, the statewide minimum wage increased to $16.50 per hour. With the change in the statewide minimum wage, the minimum exempt salary for California employees rose from $66,560 to $68,640 per year. In...more

Keating Muething & Klekamp PLL

Federal Court Overturns Expansion of Overtime Requirements

On November 15, 2024, the US District Court for the Eastern District of Texas overturned the Department of Labor’s (DOL) final rule which increased the salary threshold for workers to be exempt from overtime requirements. In...more

Woods Rogers

STOP THE PRESSES: DOL’s Overtime Expansion Faces Judicial Freeze

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A federal judge in Texas has hit pause on the hotly contested salary increase for the executive, administrative, and professional (EAP) overtime exemption under the Fair Labor Standards Act (FLSA). Earlier this year, the...more

Sheppard Mullin Richter & Hampton LLP

San Diego County Adds Local Restrictions for Covered Employers to Comply with in Addition to California’s Fair Chance Act

Many employers are already familiar with California’s Fair Chance Act (“FCA”), which went into effect in 2018 and governs how employers may consider an applicant’s criminal history in hiring decisions. Effective October 10,...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

Seyfarth Shaw LLP

Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban

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Yesterday, the Court in the ATS Trees v. FTC case denied Plaintiff ATS Trees’ Motion for Stay and Enjoin the FTC recent Ban on Non-Compete agreements (“Final Rule”), because, the Court held, ATS Trees failed to establish...more

Perkins Coie

Minimum Wage Increase and Other New Requirements for Renton Employers

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The city of Renton, Washington, finalized rules to implement Initiative 23-02 on May 31, 2024. The initiative was approved by Renton voters in February 2024 and codified within Chapter 5-28 and Section 5-5-4 of the Renton...more

McDermott Will & Emery

Labor Law Update: Union Certification Without Winning the Employee Vote

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As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

Sheppard Mullin Richter & Hampton LLP

Washington’s Amended Non-Compete Law Creates New Considerations for Employers

Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more

Lerch, Early & Brewer

Deadline Nears for DC Employers of Tipped Wage Workers to Report Compliance with Sexual Harassment Mandate

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District of Columbia employers with tipped wage workers have until May 31, 2024 to submit both their policy and recorded harassment complaints to demonstrate compliance with the District’s sexual harassment mandate....more

Perkins Coie

Washington State Tightens Noncompete Restrictions

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Bradley Arant Boult Cummings LLP

Spring Cleaning: Is Your “Employment House” in Order?

Spring is here (for most of us we hope) with warmer weather, fresh flowers, yard work and outdoor activities. Now is also a good time to ensure your “employment house” is in order. Here are some items for your employment...more

Spilman Thomas & Battle, PLLC

DOL Raises Salary Requirements for Overtime Exemptions

The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive,...more

Lerch, Early & Brewer

Expanded Minimum Wage Law Covers Employees Who Work 2 Hours a Week in DC

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Does your Company have employees who are based elsewhere but travel into the District of Columbia to perform work from time to time?  Do you pay these employees less than $17.00 per hour?  If so, it may be time to increase...more

Littler

County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal...

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In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance.  A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more

Sheppard Mullin Richter & Hampton LLP

Last Call for Employers to Submit OSHA Form 300A Data

Employers who meet certain size and industry requirements have until March 2, 2024 to electronically submit occupational injury and illness data from their Form 300A Annual Summary for 2023 to the federal Occupational Safety...more

Jenner & Block

Client Alert: Navigating the EWA Regulatory Landscape

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I. Introduction: EWA on the Precipice - The increasing use of earned wage access (“EWA”) by workers in the United States and around the world has helped to bring financial flexibility to many previously constrained by the...more

McDermott Will & Emery

New FEHA Regulations Alter How, When Employers Can Consider Applicant’s Criminal Histories

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The California Civil Rights Council (CRD) (formerly the DFEH) has issued new regulations that modify the Fair Employment and Housing Act (FEHA), the law that governs how and when California employers can consider a job...more

Foley & Lardner LLP

NLRB Issues Final Rule on Joint-Employer Status

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On October 26, 2023, the National Labor Relations Board (NLRB or “the Board”) issued its long-awaited final rule (“New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations...more

ArentFox Schiff

How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

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It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint...more

Steptoe & Johnson PLLC

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

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The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

Foley Hoag LLP

NLRB Announces Broadened Standard for Determining Joint-Employer Status

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On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be...more

Buchalter

National Labor Relations Board Publishes Final Rule Significantly Expanding Definition of Joint Employer

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Executive Summary - The National Labor Relations Board adopts a joint-employer rule that expressly incorporates reserved and indirect control over essential terms and conditions of employment, as factors to be analyzed...more

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