The Department of Labor has recently issued guidance on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act was signed into law on December 29, 2022, amending the Fair Labor Standards Act (FLSA), to extend the reasonable break...
Content By Robert S. Gilmore
NLRB General Counsel Aims to End Non-Compete Agreements
[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...
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...
Remedies for NLRA Violations Now Include Consequential Damages: What Employers Should Know
On Dec. 13, 2022, the National Labor Relations Board (NLRB) issued a monumental decision that significantly expands upon the remedies available to employees for violations of the National Labor Relations Act (NLRA). In Thryv, Inc., the Democratic majority of the NLRB...
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...
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....
Is Pay Transparency the New Normal? Here’s What Employers Should Know
Earlier this month, New York City became the latest jurisdiction to impose pay transparency requirements on employers. Effective Nov. 1, 2022, New York City’s Pay Transparency Law, an amendment to the New York City Human Rights Law, requires all New York City...