The U.S. Supreme Court recently ruled that an employer’s guaranteed daily rate pay plan for an employee earning more than $200,000 per year did not meet the “salary basis” requirement of the federal Fair Labor Standard Act’s (“FLSA”) executive exemption
McLane Middleton
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United States Department of Labor Issues guidance on the FMLA and FLSA
On February 9, 2023, the United States Department of Labor, Wage and Hour Division (“DOL”) published an Opinion Letter addressing the use of leave pursuant to the Family and Medical Leave Act (“FMLA”) by an employee with a serious health…
Cameron Shilling Discusses Securing Privacy for Consumers on WMUR’s New Hampshire Business
There is a bipartisan bill in the New Hampshire Senate that would establish privacy rights for consumers in the state and privacy requirements for businesses and other organizations. On the latest installment of New Hampshire Business, host Fred Kocher is…
FTC Proposes Rule that Would Ban Almost All Non-Compete Agreements Across the United States
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) to prohibit employers from entering into post-employment non-compete agreements with workers. The proposed rule, if adopted, would essentially ban non-compete agreements nationwide, with very…
Maximizing the Effectiveness and Impact of School Employee Interviews
The employee interview process is a critical component of building and shaping school culture. Not only is it a chance to learn more about candidates to your school and to determine their fit for a particular role, but it is…
New Maine Vacation Payout Law Effective on January 1, 2023
To kick off the New Year, employers with 11 or more employees working in Maine will need to review their policy related to the handling of accrued yet unused paid vacation at the end of employment.
Maine passed an amendment…
Happy Holidays from Our Employment Law Group
Happy Holidays from Our Employment Group!
EEOC Releases New Mandatory Workplace Poster
On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) published a new poster entitled “Know Your Rights.” This new poster replaces the previous “Equal Employment Opportunity Is the Law” poster. All employers subject to federal EEO laws…
Department of Labor Proposes New Rule to Change Independent Contractor Classification…Again
Published in the New Hampshire Business Review (10/20/22)
In January 2021, during the final days of the Trump Administration, the Department of Labor issued a new rule regarding the classification of employees and independent contractors for purposes of the federal…
Massachusetts Enacts CROWN Act Prohibiting Discrimination Based on Natural and Protective Hairstyles
On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which prohibits discrimination based on natural and protective hairstyles in the workplace, public schools, and places of…