For healthcare provider companies, a critical question about the FTC’s decision is whether it applies to nonprofit entities. I recently analyzed the impact on the healthcare industry of the vote by the Federal Trade Commission (FTC) to move forward with a final rule banning non-compete agreements for an article in Modern Healthcare.Continue Reading FTC’s New Ban on Non-Compete Agreements and Potential Impact on Nonprofit Healthcare Companies
DOL Announces Final Overtime Rule Increasing 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
BREAKING: DOL Expands Definition of Fiduciary under ERISA
The U.S. Department of Labor issued final regulations on April 23, expanding the definition of “fiduciary” under ERISA. The final regulations alter the definition of “investment advice fiduciary” for purposes of Title I and Title II of ERISA to impose fiduciary duties on individuals or entities that make compensated recommendations related to the use of retirement assets to participants, beneficiaries and owners of qualified retirement plans and IRAs.Continue Reading BREAKING: DOL Expands Definition of Fiduciary under ERISA
Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act
The Background
The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000 public comments on its Notice of Proposed Rulemaking, the EEOC issued its final rule and interpretive guidance to implement the PWFA on April 15, 2024 (Final Rule). Continue Reading Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act
Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”Continue Reading A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
Register Now: New Year…New Laws…New Challenges for Employers Webinar
As we kick off a new year, there are already a number of recent decisions at the state and federal levels impacting future considerations for employers and workplace policy.
We invite you to join the Bass, Berry & Sims labor & employment attorneys for a lively presentation as they discuss the significant legal developments impacting employers as we look ahead to 2024.Continue Reading Register Now: New Year…New Laws…New Challenges for Employers Webinar
Top Five 2024 Employee Policies and Issues Check Up
As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:Continue Reading Top Five 2024 Employee Policies and Issues Check Up
Register Now | Significant Labor & Employment Law Developments Impacting the Workplace
Recent years have brought a steady stream of developments in labor and employment law, and 2023 has been no exception. As we expect regulatory and legislative changes to continue, it is critical for employers and HR professionals to stay informed of the impact these developments will have in the workplace. We invite you to join us for a lively presentation discussing the significant legal developments that employers should consider as we look forward to 2024.Continue Reading Register Now | Significant Labor & Employment Law Developments Impacting the Workplace
Employers Must Switch to New Version of Form I-9 by October 31, 2023
The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will publish a revised Form I-9 (Employment Eligibility Verification), which is used by employers to verify an employee’s identity and employment authorization.Continue Reading Employers Must Switch to New Version of Form I-9 by October 31, 2023