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• FTC poised to consider regulation of non-competes By Jared Klaus    Federal regulation of employee non-compete agreements will be the focus of a workshop hosted by the Federal Trade Commission (FTC) Thursday, Jan. 9, 2020, in Washington, DC. First announced by the FTC on Dec. 5, 2019, the purpose of the workshop is “to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee employment contracts.” The FTC has now released the agenda... More
• Fair Chance to Compete for Jobs Act creates federal “Ban the Box” law for federal contractors By Brian Hall    Effective Dec. 20, 2021, the federal Fair Chance to Compete for Jobs Act will prohibit federal contractors from inquiring-either directly or through a background screening process-into an applicant’s criminal background until after the contractor extends a conditional job offer to the applicant. The law will only impact those applicants seeking employment in positions related to “work under” the federal contract. Furthermore, the law will not prohibit pre-offer criminal background inquiries related to contracts where criminal background checks are otherwise... More
• DOL issues final rule clarifying the regular rate of pay By Jourdan Day    The U.S. Department of Labor (DOL) is making significant changes to the regulations covering the regular rate of pay under the Fair Labor Standards Act (FLSA) for the first time in more than 50 years. The FLSA entitles most covered, nonexempt employees to receive overtime pay of at least one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek. Definition of “Regular Rate” Under the FLSA, “regular rate” includes all remuneration... More
• A holly jolly holiday party: Keeping this year’s gathering fun and safe for all By Adam Bennett    To borrow a line from a well-known Andy Williams song, “It’s the most wonderful time of the year.” The months of November through January are known for office holiday parties. All of this fun brings an increased risk of liability for employers, and for that reason it is important to be proactive and create a plan to avoid risks so that your company is not left dealing with any headaches in the New Year. Decking the halls: Employment law... More
• H-1B registration for 2021 cap season dates announced By Catherine Kang    On Dec. 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B cap season 2021 will begin on March 1, 2020 and end on March 20, 2020. Once selections have been announced, those selected will have 90 days to submit the petitions. H-1B electronic registration requirement On Jan. 31, 2019, USCIS issued the final rules requiring employers to electronically register each intending beneficiary to enter the random selection process for H-1B cap cases.... More
• Multi-state employers: Be prepared for January 1 minimum wage increases By Jourdan Day    While many employers are gearing up for the holidays, many employees across the U.S. will see an increase in minimum wage. On Jan. 1, 2020, the minimum wage will increase in numerous states and cities throughout the country that have adopted their own minimum wage laws, which provide for a higher rate than the federal minimum wage of $7.25 per hour. In areas where minimum wage laws overlap, employees are entitled to receive the highest applicable rate. The following... More
• Employers should review their parental leave policies in wake of parental leave class action settlement By Avi Allen    With multiple avenues for expanding a family and a plethora of different family models, employers would be wise to re-consider their parental leave policies to suit the needs of the modern family. In May, a large multi-national corporation settled a class action lawsuit regarding its parental leave policy for $5 million. As written, the employer’s policy gave its employees who were primary care-givers 16 weeks of paid leave, and gave its employees who were non-primary care-givers only 2 weeks... More
• NLRB invites businesses to provide feedback on when an employee’s offensive comments should lose the protection of federal labor law By Arslan Sheikh    The National Labor Relations Board (NLRB or Board) invited interested parties to submit feedback about when an employee’s offensive or inappropriate workplace comments should lose the protection of the National Labor Relations Act (NLRA). Specifically, the NLRB is inviting employers and other parties to submit briefing about whether it should reconsider its standards for determining whether Section 7 of the NLRA protects employees who make “profane outbursts and offensive statements of a racial or sexual nature…during the course... More
• Sixth Circuit: Employer can’t enforce shorter contractual statute of limitations period to bar Title VII action By Brian Hall    A federal lawsuit alleging discrimination under Title VII must be filed within ninety days after the EEOC has completed its handling of the related discrimination charge and issued its Notice of Right To Sue. Some employers attempt to shorten the time for filing discrimination charges by getting employee or applicants to sign agreements to that effect. On Sept. 25, 2019, in Logan v. MGM Grand Detroit Casino, the 6th Circuit Court of Appeals ruled that efforts to shorten... More
• DOL increases salary threshold for white collar exemptions to $35,568 By Jourdan Day    After more than 15 years, the U.S. Department of Labor (DOL) is updating the overtime regulations under the Fair Labor Standards Act (FLSA). The FLSA entitles most employees to minimum wage and overtime pay for all hours worked over 40 in a workweek. However, employees who meet the salary threshold and the relevant duties test qualify for the executive, administrative, professional exemption (white collar exemption), and are not entitled to overtime pay. On Sept.24, 2019, the DOL issued... More