Labor & Employment - Private Articles

On April 23, 2024, the Federal Trade Commission (FTC) released its final rule concerning non-competition agreements, which has broad and sweeping implications.

On April 23, 2024 the Department of Labor (DOL) announced a final rule that will increase the current salary threshold required to be exempt from overtime, effective July 1, 2024.

On January 10^th, the U.S. Department of Labor (DOL) released its final rule changing the criteria for how it will classify workers moving forward. This final rule will go into effect on March 11, 2024 and will have a major impact on the gig economy.

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule addressing the standard for determining joint-employer status.

On September 29^th, the Equal Employment Opportunity Commission (“EEOC”) proposed updated guidance on workplace harassment. If finalized, the guidance would demonstrate how the EEOC would pursue workplace harassment claims against employers moving forward.

On August 25^th, 2023, the National Labor Relations Board (NLRB) issued a major decision that details a new standard for determining when employers are required to recognize and bargain with unions without a representation election.

The NLRB adopted a new standard for how it will evaluate workplace policies (commonly found in employee handbooks) to determine whether such policies interfere with or infringe upon employees’ rights to engage in protected activities.

While the Court clarified the meaning of “undue hardship,” it still left employers without clear guidance as to when exactly a request for religious accommodation may be denied. However, the Court provided a number of points that employers should keep in mind.

Employers should expect the recent U.S. Supreme Court’s reasoning to be used to challenge employer Diversity, Equity, and Inclusion (DEI) initiatives and hiring practices.

The PWFA builds upon the protection afforded to pregnant workers by requiring employers to provide reasonable accommodations to a worker’s known limitations as they relate to pregnancy, childbirth, or other related medical conditions, so long as the accommodations will not cause the employer any undue hardship. It is important for employers to familiarize themselves with changes and requirements of the law to ensure they are in compliance, as we will see the PWFA go into effect on June 27, 2023.

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would prohibit employers from enforcing and imposing non-compete agreements on workers. It is debatable whether a final rule will ultimately be published.

The EEOC has just announced the release of the updated poster, “Know Your Rights: Workplace Discrimination is Illegal.” Employers are legally required to display this poster in “a conspicuous location in the workplace where notices to applicants and employees are customarily posted” or face possible penalties.

One of COVID’s most severe impacts was on the unemployment system. The system became incredibly complex to navigate due to significant changes at the federal and state levels. Even today, with the federal benefits having expired, the system still seems unfamiliar and tangled.

This update is regarding the COBRA premium subsidy mandated by the American Rescue Act Plan of 2021 (ARPA) and the notice regarding the availability of the subsidy.

On May 18, 2021, the Internal Revenue Service provided guidance on tax breaks under the American Rescue Plan Act of 2021 for COBRA continuation health coverage.