The FTC’s ban on noncompete agreements has been struck down for all employers nationwide just two weeks before it was to take effect.
Supreme Court Resolves Circuit Split: Federal Arbitration Act Mandates a Stay of Court Proceedings, Not Dismissal
In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a proceeding pending arbitration and provides no discretion for the court to dismiss the action.
Greater Protections for Pregnant Workers Borne Out of the EEOC’s Final PWFA Rule
The EEOC recently issued its final regulations interpreting the Pregnant Workers Fairness Act (the “PWFA”), a law that became effective on June 27, 2023. The final rule, which becomes effective June 18, 2024, provides clarity regarding: (1) who and what types of limitations and medical conditions are covered under the PWFA; and (2) what accommodations are reasonable.
Double Whammy for Employers: DOL Increases Salary Requirements for FLSA Overtime Exemptions
Lost in the hoopla over the FTC’s noncompete ban announced on the same day (April 23), the United States Department of Labor (“DOL”) unveiled its final rule significantly raising the minimum-salary threshold to qualify for overtime exemptions under the Fair Labor Standards Act (“FLSA”).
FTC Noncompete Ban Already Challenged, Unlikely to Ever Take Effect
On April 22, the Federal Trade Commission (“FTC”) voted 3-2 to ban noncompete agreements, which prevent employees from working for competitors or launching a competing business after they leave a job. The FTC’s new rule is slated to go into effect 120 days after it is published in the Federal Register. Whether the rule will ever actually take effect, however, is uncertain.
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.
Long-Term, Part-Time Employee Required Eligibility Under 401(k) or 403(b) Plans — Update
The Internal Revenue Service on November 27, 2023 published proposed regulations that would provide definitions under Section 401(k) regarding the long-term, part-time employee rules, recently enacted under the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) and SECURE Act 2.0 of 2022 (“SECURE 2.0”).
2024 Internal Revenue Service Limits – Annual Cost-of-Living Adjustments
On Wednesday, November 1, 2023, the Internal Revenue Service (IRS) announced the 2024 annual cost-of-living adjustments to the dollar limits applicable to certain employer-sponsored retirement and welfare plans. In addition, previously, the IRS released certain other health and welfare plan limits applicable for 2024 and the Social Security Administration separately released the taxable wage base amounts for 2024.
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.