Jay A. Zweig

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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

The U.S. Supreme Court has announced that it will expedite its consideration of the Biden Administration’s COVID-19 vaccine mandates.  Legal briefing is already under way and the Court will hear oral argument on January 7, 2022 on the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing. … Continue Reading

In a statement that portends additional scrutiny of the “working conditions” of college and university athletes, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has publicly stated her view that scholarship athletes at academic institutions are employees who have the right to organize and to be protected from discrimination and retaliation when they act concertedly to improve their working conditions.… Continue Reading

On September 20, 2021, the Biden Administration announced a multi-agency initiative to protect employees from excessive workplace heat exposure.  The Administration acknowledged its public health concern arising from heat waves experienced this summer and what it has identified as a systemic threat to workers from exposure to high temperatures – indoors and outdoors – while doing their jobs.… Continue Reading