On April 19, 2024, the EEOC unveiled its final rule implementing the Pregnant Workers Fairness Act (PWFA). This regulation goes into effect June 18, 2024. This final rule requires covered employers to provide reasonable accommodations to qualified employees for known limitations related to pregnancy, childbirth, or related medical conditions.

What You Need to Know

Continue Reading EEOC Unveils its Final Rule Implementing the Pregnant Workers Fairness Act

The federal Fair Labor Standards Act (“FLSA”) is the law that, among other things, requires covered employees to be paid time-and-a-half for hours worked over 40 hours in a given week. As we have repeatedly said to anyone who will listen, the fact that cannabis remains federally illegal does not mean that cannabis employers can ignore federal employment (or any other) law. The case of Waxler v All Green Transport LLC, et al., currently pending in the U.S. District Court for the Western District of Michigan with case number 23-cv-00897, is a perfect example of that.Continue Reading Michigan Secure Cannabis Transporter Does Not Get Quick Dismissal From FLSA Case

In an open commission meeting on Tuesday, April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to ban nearly all non-compete agreements between employers and workers (broadly defined to include employees, independent contractors, and others, whether paid or unpaid). The effective date of the final rule could be on or about August 23, 2024, depending on the success of legal challenges, which have already commenced. Continue Reading Federal Trade Commission Approves Final Rule Banning Nearly All Worker Non-Competes

On April 23, the U.S. Department of Labor (“DOL”) published a set of final regulations dramatically increasing the salary level most executive, professional, and administrative employees must be paid to retain their overtime exempt status under the Fair Labor Standards Act. In most respects, and after considering 33,000 comments, the final regulations are similar to those proposed last September. The DOL has “dug-in” on many of the proposed regulations’ controversial terms. The changes are to the salary level test, only. The DOL did not modify the other two tests most workers must satisfy to be deemed exempt, i.e., the salary basis test and the duties test.Continue Reading New Overtime Exemption Rules Announced: What Employers Need to Know and Do

On April 17, 2024, the United States Supreme Court delivered a pivotal ruling in Muldrow v. City of St. Louis, fundamentally reshaping the landscape of Title VII litigation. This landmark decision dismantled the longstanding requirement, upheld by several Circuit Courts, requiring plaintiffs to demonstrate “significant harm” to seek recourse for alleged discriminatory acts by their employers. In doing so, the Court obliterated a barrier to litigation, enabling employees to challenge any job action, regardless of its magnitude, if perceived to stem from discriminatory motives as long as it inflicts some injury, no matter how slight. This development underscores the need for employers to exercise heightened vigilance lack any semblance of discriminatory intent.Continue Reading Supreme Court Issues Landmark Decision Rejecting “Significant Harm” Requirement in Title VII Cases – Opening the Door to More Employment Discrimination Claims

Effective January 1, 2024, AB 1076 amended California law to codify existing California case law holding most noncompete agreements void and making it unlawful to include a noncompete clause in an employment contract or to require an employee to enter a noncompete contract that does not satisfy specified exceptions. That new law, in and of itself, does not change the state of the law in California with regard to the enforceability of such contracts.Continue Reading Immediate Action Required by California Employers to Avoid AB 1076 Fines

On January 9, 2024, the U.S. Department of Labor issued final rules for employers to determine if a worker is an independent contractor or employee. Workers who do not meet the new criteria under the rule must be classified as employees and subject to the Fair Labor Standards Act  (“FLSA”) protections and requirements. If misclassified, these workers must be treated as employees and will be eligible for overtime pay, unless they otherwise satisfy the requirements to be considered exempt, and be subject to the minimum wage requirements under the FLSA. The employer would also need to comply with the recordkeeping requirements and maintain daily and weekly time records for the worker.Continue Reading To Be or Not to Be (An Independent Contractor): U.S. Department of Labor Issues Final Rules for Employers

Workplace Violence Reporting Poster Required

Effective September 1, 2023, Texas employers of any size are required to “post a notice to employees of the contact information for reporting instances of workplace violence or suspicious activity to the Department of Public Safety.” On its website, the Texas Workforce Commission (“TWC”) has posted a notice to employers that compliance is expected beginning on January 8, 2024, and provided a poster to be posted in English and Spanish in a conspicuous place convenient to all employees to comply with this new requirement.

This requirement followed the enactment of Senate Bill 240, which requires healthcare facilities to adopt a workplace violence prevention plan, as described below.Continue Reading Legal Updates for Texas Employers in 2024

Changes to Illinois and City of Chicago Labor and Employment Laws

I. Passing of the Illinois Paid Leave for All Workers Act (PLFAW).

The new Illinois Paid Leave for All Workers Act becomes effective on January 1, 2024. The Act applies to most employees in the state, with very limited exceptions (notably students and independent contractors are excluded). Employers may use two alternative methods to comply with the PLFAW.Continue Reading Illinois 2023 Year-End Reminders and Changes Coming to Employment Law in 2024 and Beyond

On October 13, 2023, California Governor Gavin Newsom signed AB 1076 into law. AB 1076 codifies Edwards v. Arthur Andersen LLP (2008) 44 Cal. 4th 937, which held that any noncompete in an employment context, no matter how narrowly tailored, is void.Continue Reading Assembly Bill 1076 Reinforces California’s Ban on Noncompete Agreements