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Nov 19, 2024 | 
jdsupra.com | Michael DeLarco |Michelle Roberts Gonzales |George Ingham
On Friday, November 15, 2024, a federal judge in Texas blocked on a nationwide basis, a final rule that would have, among other things, increased the salary thresholds that must be met for employees to be classified as exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). One of these increases had already gone into effect on July 1, 2024, and a second, larger increase was set to occur on January 1, 2025.
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Sep 12, 2024 | 
lexology.com | Michael DeLarco |Kenneth Kirschner |George Ingham |Tao Leung |Martha Steinman |Steve Abrams | +2 more
On September 9, 2024, the U.S. Securities and Exchange Commission announced it had settled charges against seven public companies that utilized employment and employment-related agreements that the SEC believed violated its rules against impeding potential whistleblowers from reporting misconduct.
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Jul 5, 2024 | 
lexology.com | Lauren Battaglia |Logan Breed |Michael DeLarco |George Ingham |Tao Leung |Chuck Loughlin | +1 more
On July 3, 2024, a Texas federal judge issued a preliminary injunction postponing the September 4, 2024 effective date of the Federal Trade Commission (FTC)’s final rule banning non-compete agreements (the Non-Compete Rule) as to plaintiffs Ryan, LLC, the U.S. Chamber of Commerce, Business Roundtable, Texas Association of Business, and Longview Chamber of Commerce.
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Sep 18, 2023 | 
lexology.com | Barry Burgdorf |William Ferreira |Stephanie Gold |George Ingham |Amy Kett
The U.S. Department of Labor (DOL) has proposed to substantially raise the pay thresholds that must be met for employees to be classified as exempt from overtime under the Fair Labor Standards Act (FLSA) “white-collar” exemptions.
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Sep 5, 2023 | 
jdsupra.com | Muhammad S. Burney |George Ingham |Amy Kett
Under the current legal standard, an employee must meet three requirements to be classified as exempt from overtime under the FLSA executive, administrative, or professional exemptions – the so-called “white collar” exemptions: Satisfy a “duties test” (i.e., have and perform certain white-collar job duties); Be paid on a salary or fee basis (as opposed to an hourly basis); and Be paid at least $684 per week, which is roughly $35,568 a year.
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Sep 5, 2023 | 
lexology.com | George Ingham |Muhammad S. Burney
On August 30, 2023, the U.S. Department of Labor (DOL) proposed significant increases in the compensation thresholds that must be met for employees to be classified as exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). If the proposal is finalized as presented, DOL estimates that 3.6 million employees currently classified as exempt will be impacted, requiring employers to either raise their salaries or begin paying them overtime and tracking the time that they work.
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Mar 27, 2023 | 
jdsupra.com | George Ingham |Kenneth Kirschner
The McLaren Macomb DecisionIn McLaren Macomb, the Board held that overly broad non-disparagement and confidentiality provisions included in severance agreements offered to certain employees violated Section 8(a)(1) of the NLRA. The Decision, issued February 21, 2023, overturned two Board rulings from 2020, which generally took the position that such provisions did not violate the Act. For a detailed analysis of the Decision, please see our recent post.
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Feb 20, 2023 | 
jdsupra.com | Michael DeLarco |George Ingham |Amy Kett
[co-author: Saydee Schnider]Pay transparency laws are proliferating across multiple U.S. states and localities. For example, employers with a single employee in Colorado, California, Washington, or New York City that post advertisements for jobs that could be performed in such jurisdictions—including remote jobs—are likely required to include a good faith range of pay for the job in the advertisements.
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Feb 14, 2023 | 
jdsupra.com | George Ingham |Amy Kett
Non-compete restrictionsAs we previously reported, the District’s statute restricting employee non-compete agreements went into effect October 1, 2022. Among other things, this law generally prohibits employers from offering or entering into post-employment non-compete agreements with employees earning less than US$150,000 a year (US$250,000 for licensed physicians) and requires employers to give employees receiving such an agreement a specific notice about the law.
