Seth Ford

Jul 8, 2024 | jdsupra.com | Matthew V. DelDuca |Tracey E. Diamond |Seth Ford

As workers were leaving their offices for the Fourth of July holiday, the Northern District of Texas issued its much-anticipated order preliminarily enjoining the effective date of the Federal Trade Commission’s (FTC) controversial noncompete ban rule. The court’s decision, however, is limited to the named plaintiffs — a tax accounting firm and several business groups — in the case.

Jan 17, 2024 | jdsupra.com | Tracey E. Diamond |Seth Ford |Grace Goodheart

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of coverage under the Fair Labor Standards Act (FLSA). The final rule was adopted after publication of a proposed rule in October 2022 and following a 61-day comment period in which the DOL received more than 55,000 comments.

Jan 16, 2024 | lexblog.com | Tracey E. Diamond |Seth Ford

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of coverage under the Fair Labor Standards Act (FLSA). The final rule was adopted after publication of a proposed rule in October 2022 and following a 61-day comment period in which the DOL received more than 55,000 comments.

Sep 5, 2023 | jdsupra.com | Michael Cohen |Tracey E. Diamond |Seth Ford

On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking to increase the white-collar exemption salary threshold — that is, the amount an executive, administrative, or professional employee must earn to potentially qualify as exempt under the Fair Labor Standards Act (FLSA) — from $35,568 to $55,068 per year.

Feb 28, 2023 | jdsupra.com | Matthew V. DelDuca |Seth Ford |Sean McDevitt

Executive SummaryOn February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad confidentiality and non-disparagement provisions is an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act (Act).