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...
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...
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...
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...
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...
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...
[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....
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...
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...
Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security and workplace monitoring, all of which can necessitate new approaches brought on by the...