On April 23, 2024, by a vote of 3-2, the Federal Trade Commission (“FTC”) adopted a Final Rule (“Rule”) that imposes a comprehensive ban on non-compete agreements for nearly all U.S. workers. The Rule is slated to go into effect 120 days after publication, though it is already facing legal challenges, making its ultimate implementation […]
The Federal Trade Commission (“FTC”) yesterday proposed a federal rule that would prohibit companies from making or enforcing non-competition clauses with their workers. If implemented, this rule would have a significant impact on businesses and employees across the country. In its Notice of Proposed Rulemaking, the FTC proposed a rule that would classify non-competition clauses […]
Our family had a wonderful Thanksgiving this year. Not all families were quite as lucky, however. Take, for example, the former employees of United Furniture. According to the Winston-Salem Journal, at 12:42 a.m. on Tuesday, November 22, just two days before Thanksgiving, the company’s board of directors sent out emails and texts to all of […]
When our law firm built our new office, we included a really nice break room. We have three microwaves in it, two refrigerators and a big table to eat at. In our old building, a bunch of us crowded around a small table to eat together, so we wanted to be sure we had plenty […]
In last week’s blog article, we addressed several issues that employers will want to consider as they return employees to the workplace. This article continues that thinking by reviewing considerations and legal issues that may arise as employers: (i) confront COVID-19 related absences; (ii) have a need to reduce hours or require employees to take […]
Employers have a legal obligation to provide a safe workplace free from recognized hazards that could cause serious injury or death. Employers should be giving thought to how they will prepare the workplace for the safe return of employees now that the Safer-At-Home Orders are no longer in effect. An employer’s return-to-work plan will depend […]
The Families First Coronavirus Response Act (“FFCRA”) was enacted into law on March 18, 2020. There are two separate sections of the FFCRA that apply to private employers with fewer than 500 employees and to public entities employing 1 or more employees. The law provides unpaid and paid family leave and additional paid sick time […]
In order for an employee to be classified as exempt from payment of overtime, the employee must be paid at a specific salary level and must meet legally specified duties tests under both state and federal law. Last September, the U.S. Department of Labor issued a final rule which will increase the salary requirements that […]
When employers are burned by a former employee who starts a competitive business, solicits key customers, and/or uses confidential information gained from the former employment, they may seek resolve by requiring their employees to sign restrictive covenant agreements (commonly known as “non-compete agreements”). These agreements are often drafted, signed, and then filed away in the […]