The Employment Law Counselor

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to approve the Final Rule that (1) prohibits employers from entering into non-compete agreements with workers and (2) requires employers to rescind nearly all existing non-compete agreements. The Final Rule is effective 120 days after its forthcoming publication in the Federal Register, which we expect will happen in the next 30 days.

The Final Rule comes more than a year after the FTC issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to ban practically all non-compete agreements. The FTC ... Continue Reading

On April 17, 2024, the Supreme Court of the United States issued its much-anticipated decision in Muldrow v. City of St. Louis, Missouri, et al. Reversing the Court of Appeals for the Eighth Circuit, the unanimous Court held that an employee challenging a job transfer under Title VII of the Civil Rights of 1964 (Title VII) must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.

Background

From 2008 through 2017, Sergeant Jatonya Clayborn Muldrow (“Muldrow”) worked as a ... Continue Reading

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its “Defining and Delimiting Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees” Final Rule (the “Final Rule”). Significant revisions include (1) increasing the standard salary level for certain employees; (2) increasing the highly compensated employee total annual compensation threshold for certain employees; and (3) adding to the regulations a mechanism that will allow for the “timely and efficient” updating of the salary compensation ... Continue Reading

In the newest episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Laura Corvo, Counsel, joins host Jeff Stewart for a discussion of AI in the workplace and the potential liabilities employers face. Jeff and Laura cover AI in the hiring process, recent laws trying to address it and how employers are utilizing the tool. They also talk about the importance of employers having a policy to provide guidance for AI usage in the workplace.

Check out more episodes of The Employment Law Counselor Podcast.Continue Reading