Responding to a charge from the Equal Employment Opportunity Commission (EEOC) can often be a complex and opaque process, fraught with red tape. To alleviate this burden, we have developed a comprehensive roadmap to assist employers, in-house counsel and human resources professionals in managing EEOC charges from start to finish, while avoiding common pitfalls and mitigating potential risk exposure.Continue Reading Register Now | A Step-by-Step Approach to Navigating EEOC Charges Webinar
As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all non-competes arising out of employment relationships – with the exception of existing agreements with “senior executives,” as defined by the Rule. Although many legal experts have hypothesized that the federal courts would enjoin the Rule, the future of the FTC Rule remains uncertain. Accordingly, employers must remain informed on the most recent court rulings involving the FTC Rule and prepare as though it will take effect on September 4.Continue Reading Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?
We previously posted here regarding a July 1, 2024, increase in the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). Despite multiple legal challenges to the Department of Labor’s 2024 Rule, most of which remain pending, the 2024 Rule is now in effect for all private employers. Continue Reading Are You in Compliance with the New FLSA Salary Threshold?
The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional workers becoming eligible for overtime pay. Continue Reading DOL Announces Final Overtime Rule Increasing Salary Threshold
Our article, “Contingent Workforce: Implications of DOL’s Final Rule on Employers,” was published in the March 2024 issue of HR.com’s HR Legal & Compliance Excellence Magazine.Continue Reading HR.com Article on Contingent Workforce
The U.S. Department of Labor (DOL) issued its Final Rule regarding the test for independent contractor classification. The Final Rule, which becomes effective March 11, 2024, largely mirrors the DOL’s proposed rule announced in 2022 and sets forth a multi-factor “totality of the circumstances” economic realities framework for analyzing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).Continue Reading DOL Issues Final Rule Regarding Independent Contractor Classification
Since March 20, 2020, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have allowed employers flexibilities with remote workers to defer physical inspection of I-9 documents temporarily and instead electronically verify I-9 documents over a video link, fax or email. These flexibilities were available for employees who were working remotely due to COVID-19 precautions until they began working non-remotely “on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.”Continue Reading Electronic I-9 Flexibility Provisions Expire on July 31, 2023; Physical Inspections Due on August 30, 2023
On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work certifications. The EEOC explained that this revised guidance was due in part to the evolving circumstances of the pandemic but cautioned that these revisions were not intended to suggest that workplace safety policies related to COVID-19 were no longer warranted.
Continue Reading EEOC’s Updated Guidance on COVID-19 Testing in the Workplace
On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing guidance documents issued to interpret Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments
Over the past two years, the pandemic has forced employers to navigate unchartered waters. The focus on health and safety, managing a remote workforce, and staying abreast of the evolving COVID-19-related guidance has left in-house counsel and human resources professionals with little time to focus on the fundamental steps that are essential to proactively and successfully manage employee issues. While the challenges associated with COVID-19 remain at the forefront of employers’ concerns, it is time to return to familiar waters and revisit some of the best HR-related practices. We are excited to offer the second installment of this three-part series both in-person and virtually, via webinar. For those local to the Nashville area, we invite you to join us on April 28 for the in-person presentation where we will address best practices across a range of topics, including: