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FTC noncompete ban blocked—for now

by John T. Below and Cameron D. Ritsema, Bodman PLC

Aug 21, 2024 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington
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Analysis

Terminating a publicly appointed official

Termination of a publicly appointed official—such as a clerk, administrator, fire chief, or similar position—requires careful planning because of the many legal implications in play. This article provides an overview of...

Nov 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

Employer considerations following wave of 401(k) forfeiture lawsuits

Over the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are utilized. This wave of lawsuits began approximately a...

Nov 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

DOJ updates its corporate compliance programs guidance

On September 23, 2024, the Criminal Division of the U.S. Department of Justice (DOJ) released revised Evaluation of Corporate Compliance Programs guidance, last updated in March 2023. The latest guidance covers three...

Nov 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Are absences related to fertility treatments covered by the FMLA?

Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Whether fertility/infertility treatments are...

Nov 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

EEOC begins PWFA offensive

The Pregnant Workers Fairness Act (PWFA) is now part and parcel of your life. The Equal Employment Opportunity Commission (EEOC) isn’t shy about reminding you of this fact. EEOC lawsuit on stillbirth Wilda Jean Louis...

Nov 01, 2024 · Employment Law Letter · Texas

5th Circuit affirms DOL’s authority to set minimum salary requirements

In a significant win for the Biden administration, on September 11, 2024, the U.S. 5th Circuit Court of Appeals (whose rulings apply to all employers in Louisiana, Mississippi, and Texas) affirmed the U.S. Department of...

Nov 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

Know who qualifies under PWFA

Q Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? Unlike the Family and Medical Leave Act...

Nov 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Foreign employees’ work visas at risk in light of M&As

In the dynamic landscape of today’s business environment, mergers and acquisitions (M&As) have become commonplace, driving corporate growth and market expansion. However, amidst the strategic maneuvering and business...

Nov 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

What to do before adopting generative AI in your business

Your business may want to jump on the generative artificial intelligence (GAI) bandwagon and discover how you may become more productive and competitive, reduce costs, and make the most of new technology. There are many...

Nov 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Federal appeals court deals mortal blow to tipped employee regulations

Hospitality employers with tipped employees received welcome news in late August when a federal appeals court overturned the Department of Labor’s (DOL) so-called 80/20/30 rule—the highlight of a new set of regulations...

Nov 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

EEOC sues employer for ‘100% healed’ policy

Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a...

Nov 01, 2024 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

DOL halts implementation of its H-2A farmworker protection rule

Late last month, a federal judge in Georgia blocked the U.S. Department of Labor (DOL) from enforcing its farmworker protection rule, also known as the “Improving Protections for Workers in Temporary Agricultural...

Nov 01, 2024 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

Employee’s personal social media account may create hostile work environment

Workers continue to find new ways to create potential hostile work environment liability for their employers under Title VII of the Civil Rights Act of 1964. In June 2023, the U.S. 9th Circuit Court of Appeals (whose...

Nov 01, 2024 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington