Once again, a district court judge in Texas has issued a nationwide injunction blocking a federal regulatory change that presented significant implications for employers.  Three months ago, it was the Federal Trade Commission’s regulations invalidating noncompete agreements.  This past week, it was the Department of Labor’s (DOL’s) regulations further increasing the minimum salary that employers…

Under new federal regulations issued by the Department of Labor (DOL) effective as of July 1, 2024, employees who are not paid a salary of at least $844 per week ($43,888 per year) are eligible for overtime pay, irrespective of the nature of the work the employee is performing and the level of authority the…

Employers’ and business organizations’ legal challenges to recent federal agency determinations in the areas of employment, labor, and wage and hour laws have all been bolstered by the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo (June 28, 2024), which overturned the deference the courts historically have applied to federal agency rulemaking.  Days…

Employers face substantial additional payment obligations for employees who need to express breastmilk in the workplace under the terms of a model policy issued by the New York State Department of Labor (“DOL”) that implements recent amendments to the state’s law on this subject. How the Law Has Changed Existing New York law had granted…

Unless blocked by a court order, most non-compete agreements issued by employers throughout the United States will be impermissible as of September 4, 2024.  New rules issued by the Federal Trade Commission (FTC): Invalidate current non-compete agreements, except for select senior executives; Ban all new non-compete agreements, for all employees and executives; and Require employers…

New York State’s new “Freelance Isn’t Free Act” (FIFA) takes effect on May 20, 2024, adding new legal protections for freelance workers to ensure they are timely paid.  In most respects, this new law in New York State aligns with the version that New York City enacted seven years ago.  Contracting organizations in New York…

Do you conduct background checks on your employees?  What do you check for and why?  Do you have clearly defined criteria on what types of information gleaned from a background check will be disqualifying for a potential new hire? New York law, at the state level and particularly at the city level, sets a range…