On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas vacated the Federal Trade Commission’s (FTC) final Rule that the FTC enacted to ban noncompete agreements. Judge Brown held that the FTC exceeded its statutory authority and invalidated the Rule on a nationwide basis.… Continue Reading
Jay Zweig
EEOC Sues Employers Ahead of This Year’s EEO-1 Reporting Deadline
The U.S. Equal Employment Opportunity Commission (“EEOC”) took aggressive enforcement measures this week by filing suit against 15 employers that allegedly failed to submit mandatory EEO-1 workforce demographic reports in prior years, including 2021 and 2022. The lawsuits were brought in federal courts across 10 states, including New Jersey, New York, and Arizona.… Continue Reading
Podcast Recording: On Crafting Effective and Enforceable Non-Compete Agreements
Non-compete agreements and other restrictive covenants have drawn intense scrutiny from the federal government, as well as in several states, causing businesses to consider the enforceability of their agreements and how to protect their businesses. Jay Zweig recently sat down with Matt Crossman of the AccelPro Employment Law podcast to discuss the keys to effectively drafting and enforcing these agreements.… Continue Reading
Back to Basics: A Primer on EEO-1 Reporting
October 31, 2023 opens the reporting period for private sector employers and federal contractors who are required to report workplace demographic data on an annual basis to the U.S. Equal Employment Opportunity Commission (“EEOC”). These submissions are known as EEO-1 Component 1 reports (“EEO-1 reports”). EEO-1 reports must be submitted by the close of the reporting period on December 5, 2023.… Continue Reading
EEOC Proposes Guidance on Workplace Harassment Enforcement
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published its proposed guidance on workplace harassment claims, Enforcement Guidance on Harassment in the Workplace. The proposal is open for comment through November 1, 2023, in the Federal Register.
Employers will want to prepare for the EEOC’s new standards for employer liability, and review its examples of workplace harassment.… Continue Reading
U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers
On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act (FLSA), which would result in millions of workers who are currently exempt from overtime requirements to being entitled to time and one half pay when they work more than 40 hours in a workweek. … Continue Reading
CMS Ends COVID-19 Vaccine Mandate for Healthcare Workers
On May 1, 2023, the Biden Administration announced the end of COVID-19 vaccination requirements for federal employees, contractors, CMS-certified facilities, and others, because, “we are now in a different phase of our [COVID-19] response when these measures are no longer necessary.” The federal COVID-19 Public Health Emergency ended on May 11, 2023.… Continue Reading
New Marijuana, Paid Leave, and Non-Compete Laws Will Impact Minnesota Employers
Minnesota Governor Tim Walz has signed into law three bills that create new obligations for Minnesota employers.
First, on May 24, 2023, Governor Walz signed a labor appropriations bill prohibiting the use of covenants not to compete against Minnesota employees and employers, with very limited exceptions involving the sale or dissolution of a business.… Continue Reading
Minnesota Ready to Enact Sweeping Non-Compete Prohibition Limiting Agreements Signed on or After July 1, 2023
Minnesota employers have 43 days to consider whether they want to beat the clock and enact or update non-compete agreements before July 1, 2023.
This week, the Minnesota legislature passed a labor appropriations bill which, if signed by Governor Walz as expected, will significantly restrict the use of non-compete clauses in employment and independent contractor agreements, as well as nearly any agreement entered into by a Minnesota party.… Continue Reading
January 1 Compliance Deadline Passes for Colorado’s FAMLI Program
As of January 1, 2023, all Colorado employers are required to post or otherwise provide employees with the state-issued FAMLI Program notice (available in English and Spanish) and also begin deducting employees’ shares of FAMLI Program premiums from employee paychecks, where applicable.
Under the FAMLI Program, eligible employees may receive up to up to $1,100 in weekly FAMLI Program benefits for eligible leave starting in 2024, and up to 90 percent of the state average weekly wage rate for eligible leave taken thereafter.… Continue Reading