On April 23, 2024, the federal Department of Labor (“DOL”) issued its final rule on the salary threshold for the executive, administrative, and professional exemptions under the Fair Labor Standards Act. The rule provides for increases in minimum salary required for these types of employees to qualify as exempt from overtime pay requirements under federal
Federal Trade Commission Bans Non-Compete Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule regarding non-compete agreements. The FTC’s rule operates as an almost complete ban on such agreements. Unless enjoined by a court, the rule will become effective 120 days after its publication in the federal register.
In short, the rule prohibits agreements that directly…
Supreme Court Clarifies Test for Evaluating a Transfer Under Title VII
Earlier today, the U.S. Supreme Court unanimously held that a plaintiff may sue under Title VII for an alleged discriminatory transfer even when the transfer does not result in a change in title, salary, or benefits. The case—Muldrow v. City of St. Louis—was filed by a police sergeant who alleged that she was…
Court Decision Shows That Employers Can Still Issue Discipline for Workplace Marijuana Use or Impairment
Employers in many jurisdictions across the country are dealing with laws that prohibit adverse actions against employees who use marijuana, whether for recreational or medicinal purposes, away from the workplace and during non-working hours. A recent appellate court decision in one of the more marijuana-friendly states, Connecticut, reassures employers that they do not have to…
California Reminder: Workplace Violence Prevention Plans Due by July
Last fall, California enacted a new law (SB 553/Labor Code 6401.9) requiring almost all employers to implement a workplace violence prevention plan. Employers are required to have a plan in place by July 1, 2024. Cal/OSHA recently published guidance on the requirements as well as a model plan template that employers may use as a…
EEOC Publishes Pay Data Collected from Employers
The Equal Employment Opportunity Commission (“EEOC”) collected 2017 and 2018 pay data from employers on the EEO-1 form. The pay data collected, referred to as Component 2, was the subject of controversy because the broad pay bands and job categories render the data essentially meaningless in terms of determining the existence of pay discrimination. In…
California Arbitration Agreements – The Importance of Timely Payment of Arbitration Fees
Many employers use arbitration agreements with their employees as a means of providing a more streamlined process than court actions for resolution of disputes. Companies using these agreements with California employees need to be aware of a unique California law that allows an employee to move their claims into court if an employer does not…
Duluth, Minnesota Repeals Its Paid Sick Leave Ordinance
National employers must navigate a maze of state and local paid sick leave laws with different requirements. That maze is especially burdensome for employers in Minnesota, where employers have dealt with local sick leave ordinances in Minneapolis, Saint Paul, Bloomington, and Duluth. Last year, Minnesota passed a statewide paid sick leave law that went into…
State of Emergency Triggers Portland, Maine’s Special Hazard Pay Minimum Wage
The minimum wage in Portland, Maine for 2024 is ordinarily $15.00. Due to a unique provision in Portland’s minimum wage law, though, the minimum wage increases to $22.50 for in-person work performed during a declared state of emergency.
On January 11, 2024 at 12:15 p.m., Governor Mills declared a state of emergency due to…
California Wage Theft Act Notices – Are You Using the Right Form?
California has a unique law that requires employers to provide new hires who are non-exempt from overtime with a “wage theft act notice” (a strangely named document) that provides the employee with specified information such as rate of pay, overtime rate, the employer’s name and address, pay day information, workers’ compensation information, and paid sick…