Jay A. Zweig

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

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

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

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 now exempt from overtime requirements being entitled to time and one half pay when they work more than 40 hours in a workweek. … Continue Reading

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

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 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

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

The U.S. Equal Employment Opportunity Commission (EEOC) has published a new “Know Your Rights” workplace poster, which replaces the “EEO is the Law” poster and informs employees of their rights to be free from unlawful workplace harassment and discrimination under federal law.

Like the old poster, the new poster summarizes federal law prohibiting job discrimination based on based on race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion, age (40 and older), equal pay, disability or genetic information (including family medical history or genetic tests or services), and retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.… Continue Reading

President Biden has signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” which we previously discussed here. During the signing ceremony, President Biden celebrated the legislation, stating it was a “momentous day for justice and fairness in the workplace.”

What still remains to be seen is how this law will be interpreted and applied.… Continue Reading