Monthly Archives: May 2024

Applies to: All Employers subject to the FLSA Effective: July 1, 2024 Quick Look Update weekly overtime exempt salaries to be at least $844 by July 1, 2024. Prepare to increase weekly overtime exempt salaries to at least $1,128 by January 1, 2025. Increase highly compensated exempt employee salaries to $132,964 per year on July

Applies to: All For-Profit Employers and Independent Contractors Effective: September 4, 2024 Quick Look The FTC voted 3-2 on April 23, 2024 to approve the final rule broadly banning almost all non-compete clauses. Employers must notify workers with non-compete clauses that the provisions are unenforceable. After the effective date, employers are prohibited from entering into

Applies to: All Employers with 15+ Employees Effective: June 18, 2024 Quick Look The Equal Employment Opportunity Commission (EEOC) released Final Regulations to the Pregnant Workers Fairness Act. The Final Regulations are very similar to the proposed Regulations issued in August 2023. DISCUSSION Enacted on June 27, 2023, the Pregnant Workers Fairness Act (PWFA) expanded

Applies to: Employers with 15+ Employees Effective: April 17, 2024 Quick Look Plaintiffs do not need to demonstrate “significant harm” to state a claim of discrimination under Title VII. A showing of “some” harm is sufficient for Title VII discrimination claims. DISCUSSION The Supreme Court recently decided that employees do not need to suffer “significant” harm

Applies to: All Employers with Interstate Transportation Workers Effective: April 12, 2024 Quick Look Interstate transportation workers don’t have to be specifically working in the transportation industry for the FAA transportation exemption to apply. Arbitration agreements may not be enforced against transportation workers under the FAA, but state laws may apply. DISCUSSION In Bissonnette v.

Applies to: As Indicated Effective: April 29, 2024 Quick Look The use of AI technology or other automated systems does not relieve employers of their compliance obligations under federal laws, including the Fair Labor Standards Act, the Family Medical Leave Act, and the Employee Polygraph Protection Act. DISCUSSION The U.S. Department of Labor’s Wage and

Applies to: All Employers with 15+ Employees Effective: April 29, 2024 Quick Look Harassment can occur in a work-related context outside of work premises. Harassment can occur in a non-work-related context but with impact on the workplace. The Guidance also discusses harassment prevention, training, and investigations. DISCUSSION The U.S. Equal Employment Opportunity Commission (EEOC) recently

Applies to: All Employers Effective: May 31, 2024 Quick Look Under OSHA’s walkaround rule, employees may either select another employee or a non-employee third party to serve as their representative during an OSHA inspection. Non-employee third-party representatives are no longer limited to individuals with formal credentials, such as safety engineers or industrial hygienists. DISCUSSION The

Applies to: Agricultural Employers Effective: June 28, 2024 Quick Look The DOL issues a final rule governing the employment of temporary agricultural workers. The final rule focuses on strengthening protections for temporary agricultural workers and enhancing the DOL’s capabilities to monitor program compliance and take necessary enforcement actions against program violators. DISCUSSION The U.S. Department

Applies to: All Employers with CO, NM, UT, and WY Employees Effective: March 11, 2024 Quick Look The Tenth Circuit Court of Appeals ruled against a Colorado Department of Corrections (CDOC) employee who claimed the CDOC’s mandatory Diversity, Equity, and Inclusion (DEI) training created a hostile work environment. The employee’s allegations failed to meet the