On November 15, 2024, a federal judge blocked the U.S. Department of Labor’s (DOL) attempt to raise the minimum salary level for the executive, administrative, and professional (EAP) exemptions from minimum wage and overtime pay under the Fair Labor Standards Act (FLSA).  The ruling issued by the Honorable Sean D. Jordan of the U.S.… Continue Reading

Reversing decades of precedent, the National Labor Relations Board (“Board”) issued two recent decisions that will significantly restrict the right of employers to provide information to their employees about the impact of unionization.  Both cases were decided by a 3-1 majority of the Board’s Democratic members, in what appears to be an eleventh-hour push to change well-settled law in advance of the Trump administration taking the reins next year.… Continue Reading

November 13, 2024 | 8:00 AM – 12:00 PM

Please join us for an in-depth half day program focused on core issues and developments in labor and employment law with the greatest impact on Utah employers. Our panelists are Ballard Spahr’s Jason Boren, Charles Frohman, and Nima Darouian. Topics to be announced.… Continue Reading

The Maryland legislature recently passed several laws that affect pay transparency, family and medical leave, the scope of the State’s antidiscrimination laws, workplace safety, and noncompete agreements. As many of these new laws already have taken effect, now is the time for Maryland employers to take steps to ensure compliance.

Pay Transparency

On October 1, 2024, Maryland joined a host of other states requiring pay transparency in internal and external job postings.… Continue Reading

ATS Tree Services, LLC (“ATS”) has voluntarily dismissed the lawsuit it filed in April 2024 in the U.S. District Court for the Eastern District of Pennsylvania challenging the Federal Trade Commission’s (“FTC”) Non-Compete Clause Rule (“the Final Rule”), which banned the use of most non-compete clauses in employment contracts.

The dismissal comes after the U.S.… Continue Reading

Summary

What’s next for employers who want to protect their businesses from competition from departing employees, including the loss of customers, employees, and confidential information? With a federal court injunction against the Federal Trade Commission’s (FTC) Final Rule banning noncompetes, the door is open for employers to continue using them. But companies now have time to reflect on the increasing hostility of courts and legislatures towards overly broad restrictive covenants, update their existing agreements, assess which employees ought to be subject to post-employment covenants, and determine how to best protect their trade secrets and confidential information.… Continue Reading

The SEC has begun to bring enforcement actions against companies whose employment and client agreements could appear to infringe on the right to report cases in violation of Section 21f-17(a) of the Exchange Act. On September 9, 2024, the Securities and Exchange Commission (SEC) announced that it settled charges against seven public companies for more than $3 million in combined civil penalties for including language in their employment, consulting and other agreements that potentially discourages whistleblowers from reporting issues to outside authorities.… Continue Reading

On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary level for the white-collar exemption for overtime eligibility.

The white-collar exemption excludes employees in bona fide executive, administrative, or professional roles from being subject to the overtime requirements of the Fair Labor Standards Act (“FLSA”).… Continue Reading

September 19, 2024 | 8:00 AM – 4:30 PM

Are you an HR professional, employment attorney, or organizational leader? Don’t forget to register for one of the most anticipated events of the year—the 12th Annual HR Legal Summit. Co-sponsored by Ballard Spahr and SEPA SHRM, this must-attend summit will help you stay abreast of critical legal developments affecting human resources departments, earn SHRM/HRCI recertification credits or CLE credits, and connect with other HR professionals.… Continue Reading

September 19, 2024 | 8:00 AM – 4:30 PM

Are you an HR professional, employment attorney, or organizational leader? Don’t forget to register for one of the most anticipated events of the year—the 12th Annual HR Legal Summit. Co-sponsored by Ballard Spahr and SEPA SHRM, this must-attend summit will help you stay abreast of critical legal developments affecting human resources departments, earn SHRM/HRCI recertification credits or CLE credits, and connect with other HR professionals.… Continue Reading