The U.S. District Court of the Eastern District of Texas has vacated and set aside a recently promulgated U.S. Department of Labor’s (“USDOL”) rule that effectively made it easier for salaried employees qualify for the Fair Labor Standards Act’s (“FLSA’s”) overtime ...
A Texas judge “set aside” the Federal Trade Commission’s (FTC’s) proposed ban on most non-compete agreements (the “Rule”) on August 20, 2024. It is likely that this federal district court judge’s order will have nationwide effect, not merely in the Northern District of ...
New Jersey businesses should expect that courts will generally refuse to enforce existing non-compete agreements after September 4, 2024, despite recent lawsuits challenging the Federal Trade Commission’s (“FTC’s”) recently adopted ban on non-compete agreements.
In ...
As discussed in a prior alert, the U.S. Department of Labor (USDOL) promulgated a new rule on April 23, 2024, to expand the group of salaried employees covered by the Fair Labor Standards Act’s (FLSA’s) overtime protections by raising the threshold annual amount that employees covered by ...
The Supreme Court of New Jersey just issued an opinion holding that the New Jersey Wage Theft Act (“the Act”)—which penalizes employers for knowingly failing to pay compensation—may only be applied to conduct that occurred on or after August 6, 2019, the Act’s effective date.
The ...
As discussed in a prior alert, New Jersey employers are subject to a three-factor test, known as the ABC test, that generally classifies most workers as employees, rather than as independent contractors. On May 13, 2024, the Supreme Court of New Jersey issued an opinion clarifying that the ABC ...
Two recent US Supreme Court cases have made it easier for some workers to avoid having to arbitrate disputes with their employers.
The Federal Arbitration Act allows employers of most workers to require arbitration of disputes between employers and workers. However, the FAA does not ...
This week saw significant expansion to employee protections under federal standards as a result of three groundbreaking developments. These developments effectively do the following: (1) render employee non-compete agreements invalid, (2) widen the pool of employees eligible for ...
The Equal Employment Opportunity Commission (“EEOC”) has issued its final rules implementing the Pregnant Workers Fairness Act (“PWFA”)—legislation that requires employers to offer reasonable accommodations to employees who are pregnant or have a condition related to ...