Employers often assume that a highly compensated supervisory employee will not be entitled to overtime pay when the employee works more than 40 hours in a work week. That assumption proved to be incorrect in a recent U.S. Supreme Court decision. The Case of Helix...
Content By Maribeth Meluch
NLRB Reverses Course on Severance Agreements: Here’s What Employers Need to Know
The McLaren Ruling Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm. In this case, it’s the restriction, if not elimination, of...
The DOs and DON’Ts of the DOL’s New Tip Credit Rules
Employees in the service industry, such as bartenders and waitstaff, have come to rely on tips as a part of their hourly wages. In fact, most states specifically allow restaurants and bars to pay workers less than minimum wage, anticipating that they will be able to...
Employer Guidance Following the FTC’s Proposal to Ban Non-Compete Agreements
On Jan.5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would effectively ban the use of non-compete agreements in employment contracts and preempt all state laws that provide less protection to workers. If made final, non-compete agreements...
Union Activity Continues to Rise: Best Practices for Your Business
The reported rate of union membership in the United States has been decreasing for the past 40 years, with recent numbers no exception to the slide downhill. Those numbers, however, are deceiving. Last year saw the most union elections in one year since 2015. And...
FTC Proposes New Rule Banning Non-Compete Agreements
Last week, the Federal Trade Commission (FTC) published the Non-Compete Clause Rulemaking, a proposed rule that would prohibit the use of non-compete agreements and preempt all state laws that provide less protection to workers. If made final, the proposed rule would...
Common Mistakes New Business Owners Make & How to Fix Them
Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, and that 45% fail in the first five years. As daunting as those figures may seem, there are measures you can take to avoid having your new...
President Biden Signs Bill Limiting Use of NDAs in Sexual Harassment Cases
[UPDATED 12/7/2022: Speak Out Act signed by President Biden] Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment....
Independent Contractor vs. Employee: Proposed Rules to Prevent Misclassification
On Oct. 11, 2022, the U.S. Department of Labor announced a proposed rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act that redefines how to classify workers. The proposed rule updates the test for determining whether a...
How Should Employers Respond to the New Age of Unionism?
Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has more than 300 of its locations in the throes of union campaigns. Employers targeted by recent union organization efforts may be new to the...