Monthly Archives: September 2023

Applies to:  All Employers subject to the FLSA Effective:    TBD Quick Look The minimum salary threshold for the administrative, executive, and professional exemptions is proposed to increase to $1,059 per week, equivalent to $55,068 per year. The “highly compensated employee” exemption is proposed to increase to $143,988 per year. Exempt employees in the motion

Applies to:  All Federal Government Contractors and Subcontractors Effective:    October 23, 2023 Quick Look The U.S. Department of Labor (DOL) published a final rule making several changes to the Davis-Bacon Act (DBA) for federal government contractors and subcontractors working on construction projects. The threshold for setting the prevailing wage has been reduced to 30%

Applies to:  All Employers Subject to the NLRA Effective:    As Indicated Quick Look “Quickie” union elections will be reinstated as of December 26, 2023. NLRB announced a new framework for determining when employers are required to bargain with unions without a representation election. Employers cannot justify discretionary unilateral changes as a “past practice” during

Applies to:  All Employers with 15+ Employees Effective:    As Indicated Quick Look The EEOC formally published its proposed regulations implementing and enforcing the Pregnant Workers Fairness Act (PWFA). The regulations provide clarifications for a qualifying employee, a known limitation, undue hardship, leave as an accommodation, and many more topics. Discussion The Pregnant Workers Fairness

Applies to:  Employers with 15+ Employees in LA, MS and TX Effective:    August 18, 2023 Quick Look Fifth Circuit expands exposure for Title VII liability by finding that employers can be held liable for disparate treatment under Title VII for decisions made regarding hiring, firing, compensation, or “the terms, conditions, or privileges” of employment.

Applies to:  All Employers with FL, GA, and AL Employees Effective:    May 24, 2023 Quick Look The U.S. Court of Appeals for the Eleventh Circuit said a claim for failure-to-accommodate under the Americans with Disabilities Act (ADA) must include an adverse employment action. Employers should review their options with legal counsel prior to denying

Applies to:  All Employers with 5+ Employees in CA Effective:    October 1, 2023 Quick Look Criminal background check requirements apply based on expanded definitions of “applicant” and “employer”. Voluntary criminal history information cannot be considered if it would not otherwise be allowed to be considered (e.g., arrests, diversion program participation, expunged records). Individualized assessment,

Applies to:  All Employers Effective:    January 1, 2024 Quick Look Noncompete agreements are prohibited by law, regardless of where or when the contract is signed. Violations may be enforced through a private right of action, including potentially under PAGA. Discussion SB 699 prohibits employers from entering into or enforcing noncompete agreements in California, regardless

Applies to:  As Indicated Effective:    As Indicated Quick Look Illinois’ Family Bereavement Leave Act is renamed to the Child Extended Bereavement Leave Act (CEBLA) and is expanded to provide leave to eligible employees who lose a child by suicide or homicide. Illinois’ Victims’ Economic Security and Safety Act (VESSA) is expanded to allow employees

Applies to:  All Employers with Employees in NJ Effective:    August 14, 2023 Quick Look Employers prove a religious tenets of faith exception to a discrimination claim. A challenged employment decision must be based solely on employment criteria adopted under the tenets of the employer’s religion. Discussion In Crisitello v. St. Theresa School, the New