The United States District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) is unconstitutional. Read more about the update here.
DOL Issues New Test for Employee/Independent Contractor Classification
The U.S. Department of Labor (“DOL”) has published its new final rule regarding whether workers are properly classified as employees, who are subject to the overtime and minimum wage protections of the Fair Labor Standards Act (“FLSA”), or independent contractors, who are not.
IRS Introduces Withdrawal Process For Wrongly-Claimed Employee Retention Tax Credit
On Thursday, the IRS introduced certain criteria that, if satisfied, allow a small business to withdraw a prior claim for the Employee Retention Tax Credit (ERC). Certain businesses paying wages to employees during the COVID-19 pandemic and experiencing a “significant decline in gross receipts” were eligible to apply for the ERC.
Potential Increase in Minimum Salary for Overtime Exemptions
The U.S. Department of Labor today issued a proposed rule raising the minimum salary an employee must receive to be considered exempt from overtime under the Fair Labor Standards Act.
Louisiana Employees Now Entitled to Time Off for Genetic Testing and Cancer Screening
Effective August 1, Louisiana employers with 20+ employees must provide one day off each year for medically necessary genetic testing or cancer screening. Learn more about this new employee benefit in our latest blog post.
Changes to Form I-9 Looming
U.S. Citizenship and Immigration Services announced a new version of Form I-9 to verify the identity and employment authorization of employees, as well as a new alternative procedure for document examination.
SCOTUS Ruling Broadens Religious Protections for Workers
In a rare unanimous decision, the U.S. Supreme Court has substantially altered the standard under which employers must evaluate employee requests for religious accommodations under Title VII of the Civil Rights Act of 1964.
FTC and DOJ Propose Burdensome Overhaul to HSR Premerger Reporting Requirements
On June 27, the Federal Trade Commission, with the concurrence of the Department of Justice, proposed a burdensome overhaul of the current requirements for Hart-Scott-Rodino (“HSR”) Act filings, which are generally required for larger mergers and acquisitions. The changes stand to greatly increase the volume of documents that the FTC and DOJ receive, resulting in unprecedented delays in the merger process and placing an added burden on businesses and practitioners.
NLRB General Counsel Joins FTC in Biden Administration Assault on Noncompete Agreements
The National Labor Relations Board’s (“NLRB”) General Counsel Jennifer Abruzzo announced in a memo yesterday that noncompete agreements in employment contracts violate federal labor law except in limited circumstances, because they interfere with employees’ rights under Section 7 of the National Labor Relations Act (“the Act”) to engage in concerted activity to improve their wages
EEOC Releases Technical Assistance Document Providing Guidance on Assessing Adverse Impact under Title VII in AI and Other Software
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document explaining the interplay of various established aspects of Title VII of the Civil Rights Act (“Title VII”) and an employer’s use of artificial intelligence and other automated systems. This technical assistance is released as a follow-up to the EEOC’s