[UPDATED 11/27/2023: NLRB Makes Good on Its Promise to Challenge Non-Competes] On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum to all regional offices stating that non-compete agreements in...
Content By Maribeth Meluch
NLRB Continues to Expand its Arsenal of Remedies
The National Labor Relations Board (NLRB) continues to expand its authority to impose remedies on employers in its decision in Noah’s Ark Processors, LLC, rendering an unusual advisory opinion on the extent of the remedies that can be made available under a “broad...
NLRB Offers New Guidance on Recent Severance Agreement Decision: Here’s What Employers Need to Do Now
Last month, we published an article on the NLRB’s decision in McLaren Macomb Hospital where the Board reversed course on the NLRB’s prior position on interpreting severance agreements under Section 7 of the NLRA. In McLaren, the Board found violations of Section 7 in...
U.S. Supreme Court Revisits “Salary Basis” Test Required Under FLSA Overtime and Redefines “Paid on a Weekly Basis”
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...
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...