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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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Waive and save: Reducing exposure through collective action waivers

Seasoned HR professionals understand that employers typically cannot obtain a valid waiver for non-payment of wages owed to an employee. As discussed below, there may be a different tool in the toolkit that can reduce...

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

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

November 2024 Iowa Q&A roundup

Q Can employers that don’t have to comply with the Family and Medical Leave Act (FMLA) have to continue health insurance coverage for employees when they’re on workers' compensation leave? Must they give employees the...

Nov 01, 2024 · Employment Law Letter · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

Are absences related to fertility treatments covered by the FMLA? ‘It depends’

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)? Like so many questions related to the FMLA, the...

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

5th Circuit says no way, no how to off-the-clock work

The U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) recently issued an opinion warning Texas employers of the dangers of allowing employees to work off the clock. Forewarned is forearmed...

Nov 01, 2024 · Employment Law Letter · Texas

FMLA leave always depends on facts, even for fertility treatments

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)? Great question; complicated answer. The answer...

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

Determining PWFA eligibility and reasonable accommodations

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? No, employees don’t need to be employed...

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

In Colorado, holiday incentive pay must be included when calculating regular rate

On January 12, 2024, the U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Colorado, New Mexico, Utah, and Wyoming, as well as two other states not included in Mountain West Employment Law Letter)...

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

Two new Maryland employment laws to take effect on October 1

During this year’s legislative session, the Maryland General Assembly passed a statute that will require employers to disclose wage information any time they post a job listing, as well as a new law mandating that...

Nov 01, 2024 · Employment Law Letter · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia

Massachusetts SJC issues important Paid Family and Medical Leave decision

Massachusetts Paid Family and Medical Leave (PFML) went into effect on January 1, 2021. Since then, employers have had a number of unanswered questions related to the statute and accompanying regulations. Recently, the...

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

Be sure you know how to recoup overpayment of wages

Q Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? The Federal Labor Standards...

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

California Supreme Court to rule on arbitration forfeiture

To make sure employment arbitration proceedings move along quickly, a new California law says that “if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting...

Oct 11, 2024 · Employment Law Letter · California

Privilege of Dignity: Hospital’s peer review was protected

Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer...

Oct 11, 2024 · Employment Law Letter · California